Judge: Gregory Keosian, Case: 23STCV18352, Date: 2023-11-13 Tentative Ruling

Case Number: 23STCV18352    Hearing Date: November 13, 2023    Dept: 61

Plaintiff Eusu Logistics, Inc.’s Motion for Leave to Serve Defendant Novelint, Inc. through the California Secretary of State is GRANTED.

Plaintiff to provide notice.

I.                MOTION FOR LEAVE TO SERVE SECRETARY OF STATE

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, subd. (a).) The statute thus requires a showing by the plaintiff that the defendant to be served through the secretary of state cannot be personally served with the exercise of due diligence upon its designated agent or in any other manner provided by law. (See Batte v. Bandy (1958) 165 Cal.App.2d 527, 534.)

Here, Plaintiff Eusu Logistics, Inc. (Plaintiff) seeks an order authorizing service in this manner upon Defendant Novelint, Inc. (Defendant) based on the declaration of its counsel, Camille Zuber. Defendant’s principal business address registered with the Secretary of State is on Alburtis Avenue in Artesia, and lists an agent’s registered mailing address on Westhire Drive in Los Angeles. (Zuber Decl. ¶ 4, Exh. A.) Defendant’s agent (who is also its CEO, Secretary, and CFO) is not present at the address for its registered agent, however, and several attempts to serve Defendant at its listed business address revealed only that the premises were dark each time. (Zuber Decl. ¶¶ 5–6, Exh. B.) An attempt to mail service with a notice of acknowledgement has likewise failed. (Zuber Decl. ¶ 7.)

Plaintiff has demonstrated that process against Defendant cannot be served with reasonable diligence upon the corporation or its registered agent after five attempts at service at the only addresses registered to either. These attempts followed seven prior attempts to serve Defendant at a previously registered address in connection with a prior litigation on the same facts, which was dismissed without prejudice after all attempts at service failed. (Zuber Decl. ¶ 8, Exh. D.) Service has been attempted personally (Code Civ. Proc. § 415.10), by substitute service (Code Civ. Proc. § 415.20), by mail (Code Civ. Proc. § 415.30), and upon the designated agent and corporate officers. (Code Civ. Proc. § 416.10.) Service cannot with reasonable diligence be accomplished in another fashion.

Accordingly, Plaintiff’s motion is GRANTED.

Plaintiff to provide notice.