LeBlanc v Eames d/b/a Mollys Miracles

Molly Eames is a seamstress who specializes in wedding dress alterations. She owns her own business named Mollys Miracles which she operates out of her home sewing studio in her basement, but she travels to the brides for fittings and consultations. She is fully licensed in the state of Atlantis to do so. Her business advertises online and on social media by displaying the before and after photos of her alterations. One of her specialties is taking brides family dresses and customizing them to their taste, size, or preferences. Molly has performed this work for years, but recently she hired an apprentice to help out with some of the work since Molly recently had a third child. Mollys kids are Sam, aged 13, Lily, aged 4, and Will, her newborn.

Danielle LeBlanc, recently moved from New York to Atlantis, got engaged to John Ryan, and knew that she wanted to alter her grandmothers wedding dress from the 60s. Danielle researched where she could have this done and found Mollys work online. Molly met Danielle to consult with her about altering the dress, and they agreed to work together. Molly wrote up a quote with a drawing of the prospective alterations to which Danielle They also agreed to a final fitting being no later than August 21st, which was a week and a half before Danielles wedding. All details were included in a contract that Danielle signed the day after the consultation.

While her apprentice worked on the last section of the dress on August 19th, she accidently snagged the fabric, causing the entire lace skirt to rip in half. Molly notified Danielle of the accident and returned the dress to her along with Danielles security deposit. Because of this, Danielle delayed her wedding to find a new dress. Danielle estimated the cost of the new dress, alterations, loss of her grandmothers dress, and delaying her wedding at more than $100,000.

Danielle decided to sue Molly and her company, Mollys Miracles for the damage done to her dress and the economic harm she suffered as a result. Danielle filed a complaint and summons in Atlantis Superior Court. Danielle and her fianc (Ryan) went to Mollys house, which also serves as her business address to deliver the summons and complaint. LeBlanc waited on the driveway while Ryan rang the doorbell. Mollys son Sam answered the door and told Ryan that his mother was not home. Ryan handed Sam an envelope with the summons and complaint, which Sam took inside to give to his mother when she got home. Sam, although 13, is already 6 feet 2 inches tall and is a nationally ranked basketball player.

Molly has filed a motion to dismiss based on two sections of the Atlantis Code of Civil Procedure related to Service of Process.

Section 9-11-4(c)(4) permits a person who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought to serve the complaint and summons on a defendant.

Section 9-11-4(e)(7) of the code provides In all other cases to the defendant personally, or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

She claims that (1) service by the plaintiffs fianc (John Ryan) while LeBlanc waited in the driveway was improper and that (2) serving both Molly and her company by delivering the summons to a 13-year-old child who lives at the address, does not satisfy the requirement of a person of suitable age and discretion.

Material facts are the important, essential facts that a reasonable person would find significant in identifying or resolving an issue. In this case, what are the facts the court would consider (1) material, (2) not material, but helpful, or (3) neither material nor helpful, in making this ruling? Check the appropriate box and be prepared to explain your answer.

Complete the Material/Helpful Fact Chart above. Then, prepare a handwritten or typed outline of the FIRAC model to determine whether Molly Eames, d/b/a Mollys Miracles, has been served properly under the Atlantis Code of Civil Procedure.