Judge: Lynette Gridiron Winston, Case: 23PSCV03782, Date: 2024-03-21 Tentative Ruling

Case Number: 23PSCV03782    Hearing Date: March 21, 2024    Dept: 6

CASE NAME:  BMO Bank N.A. v. A Plus Express, Inc., et al. 

Plaintiff’s Motion for Alternative Service or, in the Alternative, Extending Time to Serve Defendants 

TENTATIVE RULING 

The Court DENIES Plaintiff’s motion for alternative service, but GRANTS Plaintiff’s alternative motion extending time to serve Defendants. The Case Management Conference and Order to Show Cause re: Failure to File Proof of Service are hereby advanced and continued to July 11, 2024. 

              Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a breach of contract action. On December 6, 2023, plaintiff BMO Bank N.A. (Plaintiff) filed this action against defendant A Plus Express, Inc., Little Fat Trucking, Xing Wang, Yurong Lin, and Lian Yan (collectively, Defendants), alleging causes of action for breach of contract (loan and security agreements), breach of contract (guaranties), and replevin. 

On February 20, 2024, Plaintiff filed a motion for alternative service, or in the alternative, extending time to serve Defendants. 

DISCUSSION 

Plaintiff seeks an order from the Court permitting Plaintiff to serve Defendants by posting and mailing, due to difficulty Plaintiff has experienced in locating Defendants. Alternatively, Plaintiff seeks a 30-day extension to effectuate service. The Court finds that Plaintiff has conducted extensive efforts in locating Defendants for service of process. (Fleming Decl., ¶¶ 3-10, Ex. A.) However, posting and mailing tends to be reserved for matters like unlawful detainer actions. (Code Civ. Proc., § 415.45, subd. (a).) Since this is not an unlawful detainer action, such method of service is not likely appropriate here. Given Plaintiff’s recent location of a potentially viable address, the Court will instead permit Plaintiff a 30-day extension to complete service on Defendants. Plaintiff should review Code of Civil Procedure Sections 415.10, 415.20, 415.30, 415.50, 415.95, and 416.10 for methods of service. 

Based on the foregoing, the Court DENIES Plaintiff’s motion for alternative service, but GRANTS Plaintiff’s alternative motion extending time to serve Defendants. 

CONCLUSION 

The Court DENIES Plaintiff’s motion for alternative service, but GRANTS Plaintiff’s alternative motion extending time to serve Defendants. The Case Management Conference and Order to Show Cause re: Failure to File Proof of Service are hereby advanced and continued to July 11, 2024. 

              Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order.