Judge Bruce G. Iwasaki

Department 58

Hearing Date: October 25, 2023

Case Name: Ningbo Shimaotong International Co., Ltd. v. R &Su Corporation

Case No.: 23STCV02625

Matter: Motion to Authorize Service of Process

Moving Party: Plaintiff Shimaotong International Co., Ltd.

Responding Party: None

Tentative Ruling: The Motion to Authorize Service of Process on the Secretary of State is granted.

This is an action involving a breach of contract and fraud allegedly committed by Defendants R & Su Corporation (R&SU) and Samual Mayorga (Mayorga) (jointly, Defendants) against Plaintiff Shimaotong International Co., Ltd. (Plaintiff).

The complaint alleges that in July 2022, Defendant R&SU entered into a contract with Plaintiff, ordering approximately 80,000 hoodies for approximately $675,000. Plaintiff then manufactured the hoodies and shipped them to Defendant R&SU. The products were delivered, but Plaintiff was not paid for the goods. The Complaint alleges causes of action for (1.) breach of contract, (2.) breach of implied covenant of good faith and fair dealing, (3.) fraud, (4.) book account, (5.) indebitatus assumpsit, (6.) quatum valebant, and (7.) unjust enrichment.

Plaintiff now moves for an order authorizing Plaintiff to serve Defendant R&SU by personal delivery of a summons and complaint upon the Secretary of State or an Assistant or Deputy Secretary of State, rather than by personal service. No opposition was filed.

The Court grants the motion.

Analysis

Plaintiff moves for a court order allowing it to serve process on Defendant R&SU by way of service of on the Secretary of State.

“Summons or other process against such a [dissolved] corporation may be served by delivering a copy thereof to an officer, director or person having charge of its assets or, if no such person can be found, to any agent upon whom process might be served at the time of dissolution. If none of such persons can be found with due diligence and it is so shown by affidavit to the satisfaction of the court, then the court may make an order that summons or other process be served upon the dissolved corporation by personally delivering a copy thereof, together with a copy of the order, to the Secretary of State or an assistant or deputy secretary of state. Service in this manner is deemed complete on the 10th day after delivery of the process to the Secretary of State.” (Corp. Code, § 2011, subd. (b); see also, Code Civ. Proc., § 416.20.)

Here, R&SU is and was a domestic California corporation with its principal address located at 736 S. Ceres Avenue, Los Angeles, CA 90021. (Green Decl., ¶ 2, Ex. A.) Mayorga was listed as the sole officer and director of RS&U. (Green Decl., ¶¶ 2-3, Ex. A.) Upon filing the complaint in this action, Plaintiff made repeated attempts to serve the summons and complaint on R&SU at its principal address, which is the same address listed for its agent for service of process. (Green Decl., ¶ 6.) The process server made four attempts in February 2023 to effectuate service at this address, but the business was locked and there was no visible business activity; additional attempts were made thereafter. (Green Decl., ¶¶ 6-8, Exs. C-D.) Plaintiff also hired Signal Attorney Service, Inc. to conduct a thorough investigation and due diligence search to locate Mayorga for service of process; Signal Attorney Service, Inc. reported it was unsuccessful in locating Mayorga. (Green Decl., ¶ 9.)

On March 13, 2013, Defendant Mayorga filed a document entitled a “Certificate of Dissolution” with the Secretary of State stating that R&SU has been dissolved. (Green Decl., ¶ 2, 4, Ex. B.)

Plaintiff has demonstrated that R&Su cannot be served with reasonable diligence; the requirements for allowing service through the California Secretary of State are satisfied.

Conclusion

The motion is granted. “Service in this manner is deemed complete on the 10th day after delivery of the process to the Secretary of State.” (Code Civ. Proc., § 2011, subd. (b).)

The case management conference and order to show cause re failure to file proof of service shall be continued to a date determined at the hearing.