Judge: Christopher K. Lui, Case: 24STCV16651, Date: 2024-12-10 Tentative Ruling

Case Number: 24STCV16651    Hearing Date: December 10, 2024    Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 12:06 PM on December 9, 2024. 

Notice of intent to appear is REQUIRED 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)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on December 9, 2024.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument will not be permitted.

            Plaintiff argues that she is a loan creditor of Defendants, and although Defendant Yoon filed for Chapter 7 bankruptcy, his wife was not disclosed in the petition, and she fraudulently transferred her 50% interest in real property to her sun.   

            Plaintiff applies for an order permitting service of the summons and complaint upon Defendant Joshua Seunghun Park by publication.

TENTATIVE RULING

            Plaintiff Vivian Kim’s application for an order permitting service of summons and complaint upon Defendant Joshua Seunghun Park by publication is GRANTED.

ANALYSIS

Motion For Order Permitting Service By Publication

            Plaintiff applies for an order permitting service of the summons and complaint upon Defendant Joshua Seunghun Park by publication in the Hermit & San Jacinto Chronicle, which is the newspaper of general circulation in California most likely to give notice to Defendant at his last known address in Temecula, California, where he owns a house.

Civ. Proc. Code, § 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 causes of action for fraudulent transfer exist against Defendant Joshua and he owns an interest in real property which is the subject of the fraudulent transfer cause of action.

            Plaintiff has demonstrated by affidavit that Defendant Joshua Seunghun Park cannot be served with reasonable diligence because the process servers have been unable to serve Defendant despite 11 service attempts at the address traced to Defendant. (Declaration of Jiyoung Kym, ¶¶ 9 – 15.)

            Accordingly, the application for an order permitting service of summons and complaint upon Defendant Joshua Seunghun Park by publication is GRANTED.