Judge: Lisa R. Jaskol, Case: 22STCV27106, Date: 2025-04-22 Tentative Ruling
Case Number: 22STCV27106 Hearing Date: April 22, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On August 22, 2022, Plaintiff Christopher Mathews (“Plaintiff”) filed this action against Defendants Omar Alexander Castro Torres (“Torres”), "Martinez Trucking, unknown entity," Jose Chaves, RJ’S Truck Sales, Inc., and Does 1-50 for motor vehicle tort and general negligence.
On November 21, 2022, Torres filed an answer and a cross-complaint against Cross-Defendants Jose A. Chavez, Plaintiff, and Roes 1-40 for statutory indemnity under Labor Code section 2802, equitable indemnity, contribution, and negligence.
On February 11, 2025, Plaintiff filed a motion for an order authorizing substituted service on the Secretary of State. The motion was set for hearing on April 22, 2025.
No trial date is currently scheduled.
PARTY’S REQUEST
Plaintiff asks the Court for an order authorizing Plaintiff to serve the summons and complaint on Martinez Trucking LLC by serving the California Secretary of State under Corporations Code section 17701.16, subdivision (c).
LEGAL STANDARD
Corporations Code section 17701.16, subdivision (c), provides:
“If an agent for service of process has resigned and has not been replaced or if the designated agent cannot with reasonable diligence be found at the address designated for personal delivery of the process, and it is shown by affidavit to the satisfaction of the court that process against a limited liability company or foreign limited liability company cannot be served with reasonable diligence upon the designated agent by hand in the manner provided in Section 415.10, subdivision (a) of Section 415.20, or subdivision (a) of Section 415.30 of the Code of Civil Procedure, the court may make an order that the service shall be made upon a domestic limited liability company or upon a registered foreign limited liability company 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 the service. Service in this manner shall be deemed complete on the 10th day after delivery of the process to the Secretary of State.”
(Corp. Code, § 17701.16, subd. (c).)
DISCUSSION
Plaintiff’s
complaint describes the defendant as “Martinez Trucking, unknown entity.” However, in his motion Plaintiff asks the
Court for an order authorizing service on the Secretary of State for “Martinez
Trucking LLC.” Plaintiff asserts that
the defendant is a California limited liability company. (See Declaration of Samantha Chiang
The Court cannot authorize service on the Secretary of State for an entity which is not named in the complaint.
The Court denies the motion without prejudice.
CONCLUSION
The
Court DENIES without prejudice Plaintiff Christopher
Mathews’ motion for an order authorizing substituted service on the Secretary
of State.
Plaintiff is ordered to give notice of the Court's ruling.
Plaintiff is ordered to file the proof of service of this ruling with the Court within five days.