Judge: Christopher K. Lui, Case: 22STCV03363, Date: 2022-09-02 Tentative Ruling
Case Number: 22STCV03363 Hearing Date: September 2, 2022 Dept: 76
Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein. As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue. Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776. If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.
This is an interpleader action whereby Plaintiff law firm seeks to interplead settlement funds as to which Plaintiff has an attorney’s fee lien, and as to which medical providers also have liens.
Plaintiff applies for an order permitting service of the summons and complaint upon Defendant Jafeth Sandino by publication.
TENTATIVE
RULING
ANALYSIS
Motion For Order
Permitting Service By Publication
Plaintiff applies for an order permitting service of the summons and complaint upon Defendant Jafeth Sandino by publication in the San Francisco Chronicles, which is the newspaper of general circulation in California most likely to give notice to Defendant Sandino.
CCP § 415.50(a) & (b) provide:
(a) A summons may be served by publication if upon affidavit it
appears to the satisfaction of the court in which the action is pending that
the party to be served cannot with reasonable diligence be served in another
manner specified in this article and that either:
(1) A cause of action exists against the party upon whom
service is to be made or he or she is a necessary or proper party to the
action.
(2) The party to be served has or claims an interest in
real or personal property in this state that is subject to the jurisdiction of
the court or the relief demanded in the action consists wholly or in part in
excluding the party from any interest in the property.
(b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period.
(Civ. Proc. Code, § 415.50(a) & (b).)
Here, a cause of action for interpleader exists against Defendant Sandino, and he has an interest in the settlement funds being deposited.
Plaintiff has demonstrated by affidavit that Defendant Sandino cannot be served with reasonable diligence because the process servers have been unable to serve Defendant despite service attempts at the last known address for Sandino in San Francisco on 2/6/2022, 2/8/2022, 2/1112022, 2/14/2022, 2/17/2022, 3/6/2022, 3/18/2022, 3/19/2022, 3/20/2022, 4/7/2022, and 4/10/2022. (Declaration of Omid Razi, ¶ 7 and Exh. B thereto.) An attempt to serve Defendant by mail was unsuccessful as no acknowledgment of receipt was returned. (Id. at ¶¶ 8, 9; Exh. C.)
Accordingly, the application for
an order permitting service of summons and complaint upon Defendant Sandino by
publication is GRANTED.