Can you serve a DBA owner as an individual rather than a corporation? Bonneville Billing v. Johnston Explained

Background and Facts

In Bonneville Billing v. Johnston, the plaintiff sued John C. Johnston, who operated a plumbing, heating, and air conditioning business registered as a DBA with the Utah Department of Commerce. The process server attempted service by leaving copies of the complaint and summons with Johnston’s wife at his residence, following the standard individual service procedures under Utah Rule of Civil Procedure 4(e)(1). When Johnston failed to respond, the trial court entered a default judgment.

Key Legal Issues

Johnston moved to set aside the default judgment, arguing that service was improper because Utah Code section 42-2-11(1)(a) required compliance with corporate service provisions found in sections 16-10a-501 through 504. The central question was whether a person operating under an assumed name must be served exclusively according to corporate service requirements or whether individual service remains permissible.

Court’s Analysis and Holding

The Utah Supreme Court reviewed the trial court’s denial for correctness and examined the plain meaning of section 42-2-11(1)(a). The Court determined that this statute does not create an exclusive service requirement but rather provides an additional protection for those doing business with assumed name operators. The statute operates “to protect those who do business with such persons” rather than as “a shield intended to protect persons operating under an assumed name.” Since Bonneville sued Johnston individually and properly served him under Rule 4(e)(1), the service was valid despite the availability of alternative corporate service methods.

Practice Implications

This decision provides clarity for practitioners serving defendants who operate under DBAs. The ruling establishes that dual service options exist: attorneys may serve such defendants either as individuals under Rule 4(e)(1) or according to corporate service provisions under sections 16-10a-501 through 504. This flexibility can be particularly valuable when individual service proves more practical or when corporate service requirements might be difficult to satisfy.