Judge: Armen Tamzarian, Case: 23STCV11386, Date: 2024-03-01 Tentative Ruling

Case Number: 23STCV11386    Hearing Date: March 1, 2024    Dept: 52

Order to Show Cause Re: Default Judgment

Plaintiff Gain Federal Credit Union, a federally chartered credit union, requests court judgment by default against defendant Tugsjargal Dukh. 

Plaintiff fails to show valid service of summons on Dukh.  Plaintiff’s proof of service attests to substituted service.  Code of Civil Procedure section 415.20(b) provides, “If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to” an individual defendant, “a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of” the location.  “Ordinarily, two or three attempts at personal service at a proper place and with correct pleadings should fully satisfy the requirement of reasonable diligence and allow substituted service to be made.”  (Kremerman v. White (2021) 71 Cal.App.5th 358, 373.)

The declaration of reasonable diligence attached to plaintiff’s proof of service indicates the address for service was not Dukh’s “dwelling house, usual place of abode,” or other proper address.  The process server’s entry regarding September 23, 2023, states: “120 S Reno St apt 348, Los Angeles, CA 90057; The address given is not valid for subject.  Per John doe occupant defendant is unknown at given address.  Defendant does not live here or receive mail.”  The process server nonetheless continued to attempt to serve Dukh at the same address.  Plaintiff has not shown that address was a proper place to attempt personal service on Dukh. 

Plaintiff must either: (a) show that address was a proper place to serve Dukh, (b) serve Dukh at another address, or (c) apply for service of summons by publication.

Plaintiff’s request for default judgment is denied.

The court hereby vacates the default of defendant Tugsjargal Dukh.