Judge: Layne H. Melzer, Case: 2022-01249804, Date: 2022-12-07 Tentative Ruling

Petitioner Forward Financing, LLC

Petition to Confirm Arbitration Award

The petition by Petitioner Forward Financing LLC (“Petitioner”) for confirmation of its arbitration award in the amount of $31,665 in Petitioner’s favor and against respondents James Graham d/b/a Jim Of All Trades and James Graham (collectively, “Respondents”) is continued to 02/02/2023 at 2:00 PM in Dept. C12.

The hearing on this petition was previously continued due to lack of proof of service. On 10/18/22, Petitioner filed proofs of service purporting to reflect substitute service on the Respondents. (ROA 11, 13.) However, the Declaration of Reasonable Diligence attached to each proof does not state the attempts to effect personal delivery on Respondents, before resorting to substitute service. (Code Civ. Proc., § 415.20, subd. (b).) “Reasonable diligence” is not required “if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency,” (Code Civ. Proc., § 415.20, subd. (c)); but, here, the Future Receipts Sale Agreement reflects there is another address for Respondents—23333 Ridge Route Dr., Apt. 182, Lake Forest, CA 92630. Thus, the Court cannot find that the petition and notice of hearing were properly served via substitute service on Respondents. (Code Civ. Proc., §§ 1288, 1288.4, 1290.2, and 1290.4; Cal. Rules of Ct., Rule 3.1300(c).) 

The Court notes that, in lieu of the methods for service of summons under the Code, the Future Receipts Sale Agreement also provides for service of notice by serving Respondents by both email and internationally recognized overnight courier or registered or certified mail, return receipt requested. The Court will also accept this method of service, which is specified in the parties’ agreement.

Petitioner shall file supplemental proof of service by 01/23/2023.

Petitioner shall give notice of the ruling.