Judge: Joel L. Lofton, Case: 23AHCV02867, Date: 2024-08-14 Tentative Ruling

Case Number: 23AHCV02867    Hearing Date: August 14, 2024    Dept: X

  Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:   August 14, 2024                                    TRIAL DATE: No date set.

CASE:                         JAMES RUTHERFORD, an individual; Plaintiff, vs. FOUR JOY INVESTMENT, LLC, a California limited liability company; and DOES 1-10, inclusive

CASE NO.:                 23AHCV02867

MOTION TO SERVE CORPORATIONS (1) DBIK CONSTRUCTION & DESIGN, INC. AND (2) DC INTERNATIONAL DESIGN & CONSTRUCTION, INC. THROUGH SECRETARY OF STATE

MOVING PARTY:               Defendant/Cross-Complainant Four Joy Investment, LLC

RESPONDING PARTY:      Cross-Defendant DBIK Construction & Design, Inc.
DC International Design & Construction, Inc.

SERVICE:                             Filed July 1, 2024

OPPOSITION:                     None filed.

REPLY:                                 None filed.

RELIEF REQUESTED

            Defendant/Cross-Complainant Four Joy Investment requests service of process be deemed effected via California Secretary of State for two corporations.

BACKGROUND

On December 12, 2023, Plaintiff James Rutherford filed this action for violation of the Unruh Civil Rights Act because of alleged architectural barriers in violation of the ADA at Four Joy’s facilities.

On May 20, 2024, Four Joy filed its First Amended Cross-Complaint against DBIK Construction & Design, Inc., DC International Design & Construction, Inc., Angel Development, Inc., and Does 1 through 20. Four Joy filed the instant Motion to Serve Summons and Complaint on DBIK Construction & Design, Inc. and DC International Design & Construction, Inc. through the California Secretary of State on February 27, 2024. To date, no opposition to the Motion has been filed. The motion alleges DBIK Construction and DC International are owned and controlled by the same individuals.

On July 2, 2024, DBIK Construction filed an answer to Four Joy’s First Amended Cross-Complaint. To date, the Court has not received papers from DC International.

TENTATIVE RULING

Four Joy Investment, LLC’s Motion to Serve Summons and Complaint on DBIK Construction & Design, Inc. is MOOT.

Four Joy Investment, LLC’s Motion to Serve Summons and Complaint on DC International Design & Construction, Inc. through the Secretary of State is GRANTED.

LEGAL STANDARD

Code of Civil Procedure section 416.10 provides that a summons may be served on a corporation, if authorized, by any provision in Corporations Code sections 1701, 1702, 2110 or 2111. Under Corporations Code section 1702, this includes by hand delivery “to the Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy.” (Cal. Corp. Code, § 1702, subd. (a).) Service on the Secretary of State’s Office is permitted if the corporation’s agent “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.” (Cal. Corp. Code, § 1702, subd. (a).)

DISCUSSION

As to DBIK Construction, it filed its verified answer on July 2, 2024. The Court will regard the motion regarding DBIK Construction as moot, and accept the verified answer from DBIK Construction. Four Joy’s motion alleges, and Secretary of State Statement of Information exhibits show, DBIK Construction and DC International have the same address and officers. (Ho Decl., Exh. 1.) However, DBIK Construction’s answer does not mention DC International. The first page of the answer shows the attorneys only represent DBIK Construction. Therefore, DBIK Construction’s answer does not render Four Joy’s motion as moot as to DC International.

As to DC International, Four Joy has demonstrated by affidavit its inability to serve DC International despite reasonable diligence. The only available address for DC International is 13208 Graystone Ave., Norwalk, CA 90650. (Ho Decl. ¶¶2-3, Exhs. 1-2.) Defendant’s registered process server made seven attempts to serve DC International at the Graystone Avenue address. (Ho Decl. ¶3, Exh. 2.)

Therefore, Four Joy has demonstrated DC International’s agent “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.”

CONCLUSION

Four Joy Investment, LLC’s Motion to Serve Summons and Complaint on DBIK Construction & Design, Inc. is MOOT.

Four Joy Investment, LLC’s Motion to Serve Summons and Complaint on DC International Design & Construction, Inc. through the Secretary of State is GRANTED. PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IS TO BE FILED WITHIN 20 DAYS OF THIS ORDER.

            Moving Party to give notice.

Dated: August 14, 2024                                              ___________________________________

                                                                                    Joel L. Lofton