Judge: Lee W. Tsao, Case: 23NWCV00294, Date: 2024-03-20 Tentative Ruling

Case Number: 23NWCV00294    Hearing Date: March 20, 2024    Dept: C

Sylvia Torres vs The Kroger Co., Inc., et al

Plaintiff Sylvia Torress applies ex parte for an order to serve Doe Defendant Mindy Nails Bar by Service on the California Secretary of State.

If a corporation’s agent designated for service of process has resigned but has not been replaced, cannot with reasonable diligence be found at the address designated for personally delivering the process, or has not been designated, and it is shown by affidavit that the domestic corporation cannot be served in accordance with Code of Civil Procedure sections 415.10, 415.20, 416.10, or 416.20, then “the court may make an order that the service be made upon the corporation by delivering by hand to the Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy, one copy of the process for each defendant to be served, together with a copy of the order authorizing such service.” (Corp. Code, § 1702, subd. (a).) “Service in this manner is deemed complete on the 10th day of delivery of the process to the Secretary of State.” (Corp. Code, § 1702, subd. (a).) 

Plaintiff Torres has demonstrated an inability to serve the agent for service of process pursuant to Code of Civil Procedure sections 415.10, 415.20, 416.10, or 416.20. (See Mot., Mitchell Decl., ¶¶ 6-8, Exhibit 1.) Plaintiff contends that Mindy Nails is no longer in business. 

Accordingly, the ex parte application is GRANTED.

Moving party to give notice.