Judge: Douglas W. Stern, Case: 22STCV15295, Date: 2022-12-19 Tentative Ruling

Case Number: 22STCV15295    Hearing Date: December 19, 2022    Dept: 68

Valley View – Santa Fe Springs LLC vs. Endotec, Inc., Case Number: 22STCV15295

This action arises out of a Breach of Contract Complaint filed by Plaintiff Valley View – Santa Fe Springs LLC (Plaintiff) after Defendant Endotec, Inc. (Defendant), failed to pay rent owed on the lease to Plaintiff. (Nussbaum Decl., at ¶¶ 2-4.) Despite Plaintiff’s diligent efforts, Plaintiff has been unable to effectuate service on Defendant. Plaintiff could not serve Defendant at the address listed on the latest Secretary of State Statement of Information page (SOI), as that address is the premises owned by Plaintiff, and Plaintiff has confirmed that Defendant vacated that location. (Nussbaum Decl., at ¶ 5.)

On Defendant’s SOI page, Kim Woojoo is listed as the President and California Agent for purposes of Service of Process for Defendant. (Nussbaum Decl., at ¶ 6.) The office of Plaintiff’s counsel searched for information regarding Kim Woojoo through Lexis Nexis. (Nussbaum Decl., at ¶¶ 7 and 9.) Plaintiff attempted to serve Woojoo by registered process server on May 12, 2022, and July 1, 2022, at two different addresses that were listed on Lexis Nexis, but service was unable to be effectuated. (Nussbaum Decl., at ¶¶ 8 and 10.)

On or about November 22, 2022, the office of Plaintiff’s counsel emailed a copy of the Summons and Complaint to the email addresses for Woojoo listed on Lexis Nexis, but they have received no response. (Nussbaum Decl., at ¶ 11.) They also attempted to call all the phone numbers on the Lexis Nexis search result page for Woojoo, but they were unable to contact him. (Nussbaum Decl., at ¶ 12.)

As a result, Plaintiff filed this motion on November 22, 2022, requesting leave of the Court to serve the summons on the California Secretary of State pursuant to CCP §416.10(d) and Corporations Code § 1702(a).

California Corporations Code § 1702(a) provides:

If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cannot with reasonable diligence be found at the address designated for personally delivering the process, or if no agent has been designated, and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent by hand in the manner provided in Section 415.10, subdivision (a) Section 415.30 of the Code of Civil Procedure or upon the corporation in the manner provided in subdivision (a), (b), or (c) of Section 416.10 or subdivision (a) of Section 416.20 of the Code of Civil Procedure, the court may make an order that the service be made upon the corporation by delivering by hand to the Secretary of State’s office in the capacity of assistant or deputy, one copy of the process for each defendant to be served, together with a copy of the order authorizing such service. Service in this manner is deemed complete on the 10th day after delivery of the process to the Secretary of State.

Plaintiff has made multiple, diligent efforts to find the address at which to serve Defendant and Defendant’s agent, but Plaintiff has unable to do so. Because Plaintiff has been unable to personally serve Defendant, Plaintiff is requesting that the Court enter an order directing service of Plaintiff’s summons to be delivered by process on the Secretary of State. The Court finds that this is reasonable given the diligent efforts that Plaintiff has made in attempting to serve Defendant.

Plaintiff’s application for order to serve summons to the Secretary of the State for Defendant Endotec, Inc., is GRANTED.