Judge: Layne H. Melzer, Case: 2022-01249794, Date: 2022-09-29 Tentative Ruling

Petitioner Quail Creek - La Paz Condominium Association
Petition for Order of Service of Process by Publication

Petitioner Quail Creek – La Paz Condominium Association’s Application for Order of Service of Process by Publication is granted.

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.)

The Court finds 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).) Further, Petitioner has demonstrated compliance with the procedural requirements of Civil Code sections 5660 and 5675, including proof that a certified copy of the “recorded notice of delinquent assessment” was mailed to the owner of the subject property “no later than 10 calendar days after recordation.” (Civ. Code § 5675, subd. (e).)

The Court ORDERS that the Estate of Frances M. Cantor's heirs, representatives, and/or successor trustees, are to be served by publication in the Daily Journal, which is most likely to give actual notice to the parties to be served. Publication is to be made at least once a week for four successive weeks. A copy of the summons or citation, the complaint or petition, and the order for publication is to be mailed forthwith to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons or citation.