Judge: Katherine Chilton, Case: 22STLC05520, Date: 2023-03-14 Tentative Ruling

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Case Number: 22STLC05520     Hearing Date: March 14, 2023    Dept: 25

PROCEEDINGS:      MOTION FOR ORDER ALLOWING PUBLICATION OF SUMMONS

 

MOVING PARTY:   Plaintiff Jonathan Sheen

RESP. PARTY:         None

 

MOTION FOR ORDER ALLOWING PUBLICATION OF SUMMONS

(CCP § 415.50)

 

TENTATIVE RULING:

 

Plaintiff’s Motion for Order Allowing Publication of Summons is DENIED.   

 

 

OPPOSITION:          Filed on date:  None.                          [   ] Late                      [   ] None

REPLY:                     Filed on date:  None                           [   ] Late                      [   ] None

 

ANALYSIS:

 

I.                Background/Analysis

 

On February 16, 2023, Plaintiff Jonathan Sheen (“Plaintiff”) filed a complaint against Defendant Stephany Sheen (“Defendant”), alleging breach of contract. 

 

Plaintiff has attempted to serve Defendant at various addresses but has not been successful.  Accordingly, Plaintiff filed this Motion for Order Allowing Publication of Summons (“Motion”), seeking a court order to serve by publication.

 

On January 3, 2023, Plaintiff filed a proposed order re: Plaintiff’s Motion for Order Allowing Publication of Summons, which was rejected by the court on the same day.  (01/03/23 Notice of Rejection).  Plaintiff’s Motion is DENIED for the reasons set forth in the Notice of Rejection.  Plaintiff may resubmit an application for publication with the relevant information cited in the Notice of Rejection.  No motion is required.

 

II.              Conclusion & Order

 

For the foregoing reasons,

 

Plaintiff’s Motion for Order Allowing Publication of Summons is DENIED.   

 

Moving party is to give notice.