Judge: Colin Leis, Case: 23STCV26363, Date: 2024-10-17 Tentative Ruling

Case Number: 23STCV26363    Hearing Date: October 17, 2024    Dept: 74

David Sedaghat v. Sava Seniorcare Administrative Services LLC

Plaintiff David Sedaghat’s Motion to Deem Service Completed.

BACKGROUND 

            Plaintiff David Sedaghat filed a complaint on October 10, 2023, and has attempted to serve Specially Appearing Defendants Sava Seniorcare Administrative Services and its chief executive, Jerry Roles (SA Defendants). Because Plaintiff has been unable to effect service on SA Defendants, Plaintiff has instead tried to serve attorney Mathew Pascale (Pascale) of Lewis, Brisbois, Bisgaard & Smith LLP who is the attorney of record for SA Defendants in a related matter.

LEGAL STANDARD

¿¿            A corporation may be served by delivering a copy of the summons and complaint: (1) to the person designated as an agent for service of process; (2) to the president, chief executive officer, or other head of the corporation; (3) or in other manners authorized by statute.  (Code Civ. Proc. § 416.10.) If the person designated as an agent for service cannot be found with reasonable diligence or if no agent has been designated, “the court may make an order that the service be made upon the corporation by delivering by hand to the Secretary of State…”  (Code Civ. Proc. § 1702.) When substitute service is attempted, strict compliance with the letter and spirit of the statutes is required.  (Olvera v. Olvera (1991) 232 Cal.App.3d 32, 41.)

DISCUSSION 

            Plaintiff contends that he may serve Lewis, Brisbois, Bisgaard & Smith LLP because SA Defendants are a long-standing client of the firm.  Plaintiff asserts that the firm’s previous legal relationship creates a duty to receive and forward the service of process to SA Defendants. In response, Pascale argues that an attorney may not accept service of documents until the attorney has made an appearance in the matter.  (Cal. Rules of Court, rule 1.21.)  Additionally, Pascale states that his firm has not been retained by SA Defendants to represent them in this matter. Pascale has the better argument.

CONCLUSION 

The court denies Plaintiff’s motion to deem service complete.

The court denies Plaintiff’s request for sanctions.

Plaintiff shall give notice.