Judge: Douglas W. Stern, Case: 22STCV15329, Date: 2022-09-15 Tentative Ruling

Case Number: 22STCV15329    Hearing Date: September 15, 2022    Dept: 52

Tentative Ruling

Plaintiff Quinn Emanuel Urquhart & Sullivan, LLP’s Motion for an Order Allowing Service of Process via Delivery to Secretary of State

          Plaintiff Quinn Emanuel Urquhart & Sullivan, LLP moves for an order permitting service of process on defendant Sharp Image Gaming, Inc. via delivery on the Secretary of State. 

          Corporations Code § 1702(a) provides:

[I]f the agent designated [for service of process] cannot with reasonable diligence be found at the address designated for personally delivering the process … 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) of Section 415.20 or subdivision (a) of 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.

“ ‘[R]easonable diligence’… denotes a thorough, systematic investigation and inquiry conducted in good faith by the party or his agent or attorney.”  (Kott v. Superior Court (1996) 45 Cal.App.4th 1126, 1137.)  “Two or three attempts to personally serve a defendant at a proper place ordinarily qualifies as reasonable diligence.”  (Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750, internal quotes omitted [substituted service].)

Plaintiff shows that personal service upon defendant’s designated agent cannot be done with reasonable diligence.  Defendant Sharp Image Gaming, Inc.’s designated agent for service is Christopher Scott Anderson at 10000 Nita Ave., Chatsworth, CA 91311.  (Taghdiri Decl., ¶ 4.)  A process server who attempted to serve him at that address in June 2022 states it was not possible because the “[e]ntity moved over 3 years ago.”  (Ex. E, Eriksen Affidavit.)  Plaintiff also has been informed that Christopher Scott Anderson is deceased.  (Taghdiri Decl., ¶ 7.)

Plaintiff also shows to the satisfaction of the court that substituted service under CCP § 415.20(a) cannot be done with reasonable diligence.  Such service is made “by leaving a copy of the summons and complaint during usual office hours in [defendant’s] office” followed by mailing a copy.  (CCP § 415.20(a).)  Records filed with the Secretary of State show defendant’s principal office address is 9160 Jordan Ave., Chatsworth, CA 91311.  (Taghdiri Decl., ¶ 4.)  Plaintiff attempted to serve defendant at that address on July 22 and July 25, 2022.  (Ex. F, Eriksen Affidavit.)  Registered process server Craig Eriksen states the address “leads to Tig/M Railway Company,” which “stated there used to be other business that leased the back half of the building but they have occupied the entire building for the last 5 years.”  (Ibid.)

The motion is granted. 

Under Corporations Code section 1702, subdivision (a), the court hereby orders that service of summons in this action shall be made upon defendant Sharp Imaging Gaming, Inc. by personal service to the Secretary of State together with a copy of this order.