Judge: Layne H. Melzer, Case: 2023-01322515, Date: 2023-08-10 Tentative Ruling

Petitioner The Metropolitan Condominium Association, Inc.

Petition for Order to Publish Notice of Decision to Foreclose

The Metropolitan Condominium Association, Inc.’s Petition for Order to Publish Notice of Decision to Foreclose and Notice of Default is granted.

The Court finds Petitioner has met its burden of showing that respondents Jose Hernandez, Geraldine Wood, Christine Allen, and Diogen Equities, LLC, should be served by publication, because respondents “cannot with reasonable diligence be served in another manner specified in this article.” (Code Civ. Proc., § 415.50, subd. (a).) 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 the aforementioned Respondents to be served by publication in the Irvine World News, which is a publication 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.