TENTATIVE RULING

Plaintiff Matthew B.F. Biren, individually and dba Biren Law Group’s Motion re Recovery of Costs of Personal Service (Where Mail Service Refused) is GRANTED in the amount of $583.65, payable by Defendants Jesse Dameron Terrell, The Terrell Firm, Mainak D’Attaray, Law Office of Mainak D’Attaray, Terrell D’Attaray, and Joey Villareal to Plaintiff Matthew B.F. Biren, individually and dba Biren Law Group within thirty (30) days of entry of this order.

Plaintiff Matthew B.F. Biren, individually and dba Biren Law Group to give notice. 

REASONING

Plaintiff Matthew B.F. Biren, individually and dba Biren Law Group (“Plaintiff”) moves the Court for an order allowing him to recover the costs incurred in personally serving the summons and complaint on Defendants Jesse Dameron Terrell, The Terrell Firm, Mainak D’Attaray, Law Office of Mainak D’Attaray, Terrell D’Attaray, and Joey Villareal (“Defendants”) in the amount of $583.65. Plaintiff represents that he attempted to serve Defendants by mail, but Defendants failed to return the Notices and Acknowledgements of Receipt of Summons within the statutory time, requiring Plaintiff to resort to personal service. (Mot., Roberts Decl. ¶¶ 3, 7.) Plaintiff seeks to recover his $522 in service expenses and $61.65 in filing fees for a total of $583.65.

Code of Civil Procedure section 415.30, subdivision (d), states as follows:

If the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgment form set forth in subdivision (b) within 20 days from the date of such mailing, the party to whom the summons was mailed shall be liable for reasonable expenses thereafter incurred in serving or attempting to serve the party by another method permitted by this chapter, and, except for good cause shown, the court in which the action is pending, upon motion, with or without notice, shall award the party such expenses whether or not he is otherwise entitled to recover his costs in the action.

Defendants argue there is good cause to deny Plaintiff’s motion because Defendants Jesse Dameron Terrell, The Terrell Firm, Mainak D’Attaray, Law Office of Mainak D’Attaray, and D’Attaray Terrell Injury Lawyers are improper parties to this action, as it is fee dispute between Plaintiff and his former client, Defendant Joey Villareal. Put simply, whether Defendants are proper parties to this action is irrelevant to Plaintiff’s ability to recover costs here, i.e., a party is not free to disregard a summons and complaint simply because he believes he is not a proper party to the action. Defendants provide no reason why they disregarded the mailed summons and complaint except to argue that they are not proper parties, and this does not provide good cause for failing to complete and return the acknowledgement form. Accordingly, Plaintiff Matthew B.F. Biren, individually and dba Biren Law Group’s Motion re Recovery of Costs of Personal Service (Where Mail Service Refused) is GRANTED in the amount of $583.65, payable by Defendants Jesse Dameron Terrell, The Terrell Firm, Mainak D’Attaray, Law Office of Mainak D’Attaray, Terrell D’Attaray, and Joey Villareal to Plaintiff Matthew B.F. Biren, individually and dba Biren Law Group within thirty (30) days of entry of this order.