Judge: Edward B. Moreton, Jr., Case: 22SMCV00709, Date: 2023-01-18 Tentative Ruling

Case Number: 22SMCV00709    Hearing Date: January 18, 2023    Dept: 205

Superior Court of California

County of Los Angeles – West District

Beverly Hills Courthouse / Department 205

BACKGROUND

This action arises from a dispute over easements.  Plaintiff Eko Substance, LLC bought a property located at 27835 Borna Drive, Malibu, California (“Plaintiff’s Property”).  Plaintiff’s Property includes rights to two easements which allow ingress and egress for roadway and public utilities over Defendants Michael Kasaba and Michael E. Kasaba LLC’s land, located at 2210 Mar Vista Ridge Drive, Malibu, California (“Defendants’ Property”).  Plaintiff alleges Defendants made various misrepresentations to secure building permits that encroached on Plaintiff’s easements.  The operative complaint alleges claims for (1) continuing nuisance, (2) permanent nuisance, (3) trespass, (4) slander of title, (5) intentional interference with prospective economic relations, (6) declaratory relief, and (7) negligence.

This hearing is on Plaintiff’s motion for order allowing service of summons on Defendant Michael E. Kasaba LLC (“Defendant LLC”) by delivery of process to the Secretary of State.  Plaintiff attests it has made reasonable and diligent efforts to personally serve Defendant LLC but has been unable to do so. 

LEGAL STANDARD

Corporations Code section 1702 provides the following: 

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) 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, or to any person employed in 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. 

(Corp. Code § 1702(a).) 

DISCUSSION

The Court finds that Plaintiff has made reasonable and diligent efforts to personally serve Defendant LLC.  Defendant LLC is an LLC organized and existing under the laws of the State of California.  (Ex. 1 to McCue Decl.).  The statement of information on file with the California Secretary of State for Defendant LLC shows that Defendant Michael Kasaba is the agent for service of process for Defendant LLC and shows the service address to be 7242 Reseda Blvd, Reseda CA.  (Ex. 1 to McCue Decl.).  Plaintiff attempted to serve Mr. Kasaba at this address, but the location was essentially abandoned and closed.  (Exs. 2, 3 to McCue Decl.).     

Plaintiff also attempted to serve Mr. Kasaba at the property that is the subject of this action (“Defendants’ Property”).  The process server did a stakeout but was unable to locate and serve Mr. Kasaba at Defendants’ Property.  (Ex. 4 to McCue Decl.) 

Additionally, Plaintiff’s counsel researched Mr. Kasaba online and discovered that he was the owner/principal/officer of a company called Artisan Vehicle Systems, Inc.  (Ex. 5 to McCue Decl.).  The statement of information for this company shows the location of the company to be at 742-B Pancho Road, Camarillo, California.  Plaintiff’s process server attempted to serve Mr. Kasaba at this location but was told Mr. Kasaba had not been part of the company for over one-and-a-half years.  (Ex. 6 to McCue Decl.).  Plaintiff represents that it has no knowledge of any other persons, besides Mr. Kasaba, who are members, managers, or have any affiliations with Defendant LLC.  (McCue Decl. ¶9.)

Further, Plaintiff attempted to serve Defendant LLC by notice of acknowledgement of receipt of the summons and complaint in accordance with Code Civ. Proc. 415.30.  (McCue Decl. ¶7; Ex. 7 to McCue Decl.)  However, Plaintiff has not received a signed acknowledgement of receipt from Mr. Kasaba.  (McCue Decl. ¶7.)

Based on the foregoing, the Court finds Plaintiff has made diligent efforts to effect service of process on Defendant LLC by delivery of the summons and complaint to Defendant LLC’s designated agent for service of process in any manner specified in Code Civ. Proc. §§ 415.10, 415.20 subd. (a), or 415.30 or to any other persons listed in §§ 416.10 or 416.20 subd. (a) and (b).    

CONCLUSION

Based on the foregoing, the Court GRANTS Plaintiff’s motion for order directing service of summons on Defendant Michael E. Kasaba LLC by delivery of process to the Secretary of State. 

IT IS SO ORDERED.

DATED: January 18, 2023                                                   ___________________________

Edward B. Moreton, Jr.

Judge of the Superior Court