Judge: Cynthia A Freeland, Case: 37-2024-00002864-CU-PT-NC, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 04, 2024

04/05/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Petitions - Other Hearing on Petition 37-2024-00002864-CU-PT-NC PETITION FOR RISHTON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition - Other, 01/23/2024

Petitioners John James Rishton and Juliette Katherine Rishton as Co-Trustees of the John and Juliette Rishton Living Trust (collectively, 'Petitioners')'s petition for release of property from mechanic's lien (the 'Petition') is denied without prejudice.

The court finds that Petitioners failed to properly serve Respondent Lowerison Construction, Inc.

('Respondent'). According to Petitioners' proofs of service, Petitioners served Respondent with the Petition and supporting documents via U.S. mail and certified mail at 'Lowerison Construction, Inc., 131 S Indiana Ave Unit 2, Vista, California 92084'. See ROA Nos. 11, 12. 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 is 'Micah J. Lowerison, 119 Alta Mesa Drive, Vista, CA 92084'. See Cal. Evid.

Code § 452(h). Consequently, the court must deny the Petition without prejudice.

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, April 5, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of April 5, 2024. 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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