Judge: Layne H. Melzer, Case: 2022-01249794, Date: 2022-09-15 Tentative Ruling

Pet. Quail Creek-La Paz Condominium Association
Motion - Other (for Order of Service of Process by Publication)

The Court is inclined to grant the Application for Order of Service of Process by Publication by petitioner Quail Creek – La Paz Condominium Association.

Petitioner’s request for judicial notice of the Certificate of Death is granted. (Evid. Code § 452, subd. (c); see Ellenberger v. City of Oakland (1946) 76 Cal.App.2d 828, 835.)

Petitioner has met its burden of showing that respondent in this action should be served by publication, because respondent “cannot with reasonable diligence be served in another manner specified in this article.” (Code Civ. Proc., § 415.50, subd. (a).)

However, while Petitioner has otherwise largely satisfied the requirements of Civil Code sections 5660 and 5675, the Court notes that Petitioner has not demonstrated compliance with subdivision (e) of section 5675. Petitioner is ordered to file proof that a certified copy of the “recorded notice of delinquent assessment” was mailed “to every person whose name is shown as an owner of the separate interest in the association's records,” and that the mailing took place “no later than 10 calendar days after recordation.” (Civ. Code § 5675, subd. (e).)

If this proof is submitted before the hearing, the Court will grant the petition. Otherwise, the Court intends to continue the hearing.