Judge: Lee W. Tsao, Case: 23NWCV03749, Date: 2024-05-31 Tentative Ruling
Case Number: 23NWCV03749 Hearing Date: May 31, 2024 Dept: C
Manzo
v. Daljit Singh Virk, et al., Case No. 23NWCV03749
This
is an automobile collision case. Plaintiff moves ex parte for order to allow
service of summons on defendant Alpha Lion Trucking, LLC by service on
California Secretary of State.
A
party may seek ex parte relief upon an affirmative factual showing
"irreparable harm, immediate danger, or any other statutory basis for
granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c).)
Plaintiff
has not argued why he is bringing this motion on an ex parte basis, rather than
by noticed motion. Nonetheless, in the Court’s discretion, the Court finds that
process cannot be served with reasonable diligence upon the corporation’s
designated agent, but Plaintiff has not made a showing that it cannot be served
by another authorized method. (Corp. Code § 1702, subd. (a).)
Based
on the above, the Court denies the motion.