Judge: Anne Richardson, Case: 23STCV14000, Date: 2024-02-21 Tentative Ruling

DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 23STCV14000    Hearing Date: February 21, 2024    Dept: 40

Superior Court of California

County of Los Angeles

Department 40

Background

Pleadings

Plaintiff Tami Solondz sues Defendants Quinn Stephen Joseph dba Mini of Santa Monica, Travelers Casualty and Surety Company of America, and Does 1 through 10 pursuant to a June 16, 2023 Complaint alleging claims of (1) Violation of the Consumers Legal Remedies Act, (2) Negligent Misrepresentation, (3) Breach of Warranty of Title, (4) Violation of Vehicle Code § 5753, (5) Breach of Contract, and (6) Violation of Vehicle Code § 11711, et seq.

Motion Before the Court

On December 20, 2023, Plaintiff Solondz filed a motion for an order authorizing substituted service on the California Secretary of State in lieu of service on Quinn Stephen Joseph dba Mini of Santa Monica (the Dealership), whose registered agent for service of process cannot be located.

The motion was served on the Dealership at 1402 Santa Monica Blvd., Santa Monica, California 90404 and on counsel for Travelers Casualty and Surety Company of America.

The Dealership failed to oppose this motion, which is now before the Court.

Motion Approving Substituted Service

Legal Standard

If [1] a corporation’s agent designated for service of process has resigned but has not been replaced, cannot with reasonable diligence be found at the address designated for personally delivering the process, or has not been designated, and [2] it is shown by affidavit that the domestic corporation cannot be served in accordance with Code of Civil Procedure sections 415.10, 415.20, 416.10, or 416.20, then “the court may make an order that the service be made upon the corporation by delivering by hand to the Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy, one copy of the process for each defendant to be served, together with a copy of the order authorizing such service.” (Corp. Code, § 1702, subd. (a).)

“Service in this manner is deemed complete on the 10th day of delivery of the process to the Secretary of State.” (Corp. Code, § 1702, subd. (a).)

Order Authorizing Substituted Service: GRANTED.

Here, Plaintiff Solondz provides unopposed evidence to show that Plaintiff has been unable to locate the Dealership’s registered agent for service of process. Specifically, Plaintiff shows that (1) the Dealership ceased operating sometime around January 2023, for which reason Plaintiff has been unable to locate the registered agent for service of process, and (2) the California Secretary of State website fails to show a registered agent for service of process for “Mini of Santa Monica,” the Dealership’s dba. (See Mot., pp. 4-8; see also Mot., Mankin Decl., ¶¶ 1-10, Exs. A-F [copies of [A] the vehicle’s purchase agreement, [B] the California Department of Motor Vehicles OLSIS page for the Dealership, [C] printouts of California Secretary of State searches for “Quinn Stephen Joseph” and “Mini of Santa Monica,” [D] a printout of a Yelp review for the Dealership showing the Dealership ceased operations, [E] a printout of the Dealership’s Facebook page showing the Dealership ceased operations in January 2023, [F] printout of Superior Court records search for “Quinn Stephen” or “Mini of Santa Monica,” and [G] printout for website of Santa Monica Lincoln, showing this business now operates out of the premises previously used by the Dealership].)

Plaintiff Solondz also provides unopposed evidence to show a failure to serve the Dealership pursuant to Code of Civil Procedure sections 415.10, 415.20, 416.10, or 416.20. (See Mot., Mankin Decl., ¶¶ 1-10 [explaining attempts to find manner to serve the Dealership but failing to find registered agent for service of process under circumstances where the Dealership is not listed in California Secretary of State business records and has ceased operating out of the address where Plaintiff purchase the subject vehicle].)

Plaintiff’s motion is therefore GRANTED. 

Conclusion

Plaintiff Tami Solondz’s Motion for Order Authorizing Substituted Service on Secretary of State is GRANTED.