Judge: Holly J. Fujie, Case: 23STCV01801, Date: 2024-01-08 Tentative Ruling

Case Number: 23STCV01801    Hearing Date: January 8, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            Plaintiff’s complaint (the “Complaint”) alleges: (1) breach of contract; (2) unjust enrichment; (3) open book account; and (4) common count.

On December 12, 2023, Plaintiff filed a motion for leave for order authorizing service on the Secretary of State (the “Motion”) on the grounds that Plaintiff has been unable to serve Defendants’ authorized agents.

DISCUSSION

Under Corporations Code section 1702, subdivision (a), 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.  (Corp. Code § 1702, subd. (a).)  Service in this manner is deemed complete on the 10th day after delivery of the process to the Secretary of State.  (Id.)

The declaration filed in support of the Motion sets forth Plaintiff’s efforts to serve Defendants’ authorized agents.  For this reason and because it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 8th day of January 2024