Judge: Cynthia A Freeland, Case: 37-2023-00030512-CU-PT-NC, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 16, 2023

11/17/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Petitions - Other Motion Hearing (Civil) 37-2023-00030512-CU-PT-NC PETITION FOR FISCHER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/02/2023

Petitioners Greg Fischer and Joleen Fischer as Co-Trustees of the Fischer Family Trust (collectively, 'Petitioners')'s petition for decree to release property from mechanic's lien (the 'Petition') is denied without prejudice.

The court finds that Petitioners failed to properly serve Respondent Insurance Flood Experts dba Quick Dry Flood Services ('Respondent'). According to Petitioners' proofs of service, Petitioners served Respondent with the Petition and supporting documents personally and via U.S. Mail at 'Insurance Flood Experts dba Quick-Dry Flood Services, 2350 Meyers Avenue, Escondido, CA 92029.' See ROA Nos. 11, 13. However, Petitioners must serve Respondent through an officer or registered agent for service of process. See Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal. App. 4th 1387, 1394; Cal. Code Civ. P. § 416.10. According to the California Secretary of State's website, of which the court may take judicial notice, Respondent's registered agent for service of process of 'Robert C. Martinez, Law Offices of Robert C. Martinez, 7185 Navajo Road, Suite N, San Diego, CA 92119.' See Cal. Evid. Code § 452(h). Consequently, the court must deny the Petition.

In light of the foregoing, the court denies the Petition without prejudice.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, November 17, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of November 17, 2023.

If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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