Judge: Armen Tamzarian, Case: 21STCV33200, Date: 2023-03-08 Tentative Ruling

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Case Number: 21STCV33200    Hearing Date: March 8, 2023    Dept: 52

Plaintiff Ugo O. Asobie’s Motion to Serve the Summons and Complaint on the California Secretary of State on Behalf of MI Ju Security, Inc.

Plaintiff Ugo O. Asobie moves for an order permitting service of process on defendant MI Ju Security, Inc. via delivery on the Secretary of State. 

            Corporations Code § 1702(a) provides:

[I]f the agent designated [for service of process] cannot with reasonable diligence be found at the address designated for personally delivering the process … and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent by hand in the manner provided in Section 415.10, subdivision (a) of Section 415.20 or subdivision (a) of Section 415.30 of the Code of Civil Procedure or upon the corporation in the manner provided in subdivision (a), (b) or (c) of Section 416.10 or subdivision (a) of Section 416.20 of the Code of Civil Procedure, the court may make an order that the service be made upon the corporation by delivering by hand to the Secretary of State.

Plaintiff shows that personal service upon defendant’s designated agent cannot be done with reasonable diligence.  Defendant MI Ju Security, Inc.’s designated agent for service is Min Hee Lee at 3055 Wilshire Blvd., #520, Los Angeles, CA 90010.  (Asobie Decl.,  ¶ 5, Ex. A.)  A process server attempted to serve MI Ju Security, Inc. at that address but found suite 520 is vacant.  (Asobie Decl., ¶ 7 Ex B, affidavit of diligence.)  Plaintiff knows no other address for MI Ju Security, Inc.  (Asobie Decl., ¶ 8.)  Because defendant’s designated address is vacant, plaintiff cannot serve MI Ju Security, Inc. by substituted service under Code of Civil Procedure section 415.20(a).

The motion is granted. 

The court will sign plaintiff’s proposed order as modified by striking the second paragraph.