Judge: Jon R. Takasugi, Case: 25STCV28077, Date: 2025-05-06 Tentative Ruling

Case Number: 25STCV28077    Hearing Date: May 6, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for an order authorizing service on Defendant through hand delivery of the Summons and Complaint to the California Secretary of State is GRANTED.

            On 10/25/2024, Plaintiff Hua Liu (Plaintiff) filed suit against 525 Camden LLC (Defendant), alleging: (1) breach of contract; (2) bad faith retention of security deposit.

            On 4/1/2025, Plaintiff moved for an order authorizing service on Defendant through hand delivery of the Summons and Complaint to the California Secretary of State pursuant to Corporations Code § 17701.16(c).

Discussion

Plaintiff argues that service via the Secretary of State is appropriate here, because Plaintiff has tried to serve Defendant through multiple methods, including personal service on Defendant’s agent for service of process designated with the California Secretary of State without success.

California Corporations Code § 17701.16 provides in relevant part:

(c) If an agent for service of process has resigned and has not been replaced or if the designated agent cannot with reasonable diligence be found at the address designated for personal delivery of the process, and it is shown by affidavit to the satisfaction of the court that process against a limited liability company or foreign limited liability company 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, the court may make an order that the service shall be made upon a domestic limited liability company or upon a registered foreign limited liability company 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 the service. Service in this manner shall be deemed complete on the 10th day after delivery of the process to the Secretary of State.

(California Corporations Code § 17701.16(c)(emphasis added).)

After review, the Court agrees.

Defendant’s Statement of Information filed with the California Secretary of State identifies its agent for service of process as David Akhtarzad with a street and mailing address of 819 N. La Cienega Blvd., Los Angeles, CA 90069. (Park Decl., ¶2; Exhibit A). Plaintiff attempted to serve Defendant by emailing and mailing a Notice of Acknowledgement of Receipt as authorized by CCP §415.30, to Defendant’s agent for service of process, David Akhtarzad. (Park Decl., ¶ 3; Exhibit B). However, Defendant refused to accept service of process of the Summons, Complaint, Civil Case Cover Sheet and Addendum, and Notice – ADR Package via Notice of Acknowledgement of Receipt. (Park Decl., ¶ 3). Thereafter, Plaintiff attempted to personally serve Defendant through its agent for service of process designated with the California Secretary of State. However, this attempt to personally serve Defendant through its agent for service of process designated with the California Secretary of State was unsuccessful; the process server was informed that Defendant was not at the address that Defendant designated with the California Secretary of State. (Park Decl., ¶ 4; Exhibit C). Mr. Liu also attempted to serve the agent for service of process at an address believed to be Defendant’s agent’s home address, but that attempt was also unsuccessful. (Park Decl., ¶ 5; Exhibit D). Plaintiff has been unable to locate Defendant’s agent for service of process. (Park Decl., ¶ 6). Defendant has also not designated a new address for its agent for service of process with the California Secretary of State. (Park Decl., ¶ 7).

As such, Plaintiff has made reasonably diligent efforts to serve Defendant via Defendant’s agent designated by Defendant with the California Secretary of State, and has complied with the requirements of  Corporations Code section 17701.16(c).

Based on the foregoing, Plaintiff’s motion for an order authorizing service on Defendant through hand delivery of the Summons and Complaint to the California Secretary of State is granted.

It is so ordered.

Dated:  May    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.