Judge: Mark A. Young, Case: 21SMCV01732, Date: 2022-08-03 Tentative Ruling



Case Number: 21SMCV01732    Hearing Date: August 3, 2022    Dept: M

Legal Standard

 

CCP section 415.30 provides, in relevant part, as follows: 

 

(a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender. 

 

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(c) Service of a summons pursuant to this section is deemed complete on the date a written acknowledgment of receipt of summons is executed, if such acknowledgment thereafter is returned to the sender. 

 

(d) 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. 

 

(CCP, § 415.30(a), (c), (d).) 

 

 

Analysis

 

Plaintiff Yehouda Cohen initially served a summons on Defendant Joshua Golcheh by mail.  (Moghadam Decl. ¶ 3.) Specifically, on November 1, 2021, counsel served process on Golcheh by mailing him (by first-class mail) copies of the summons, complaint, and related documents, together with two copies of the notice and acknowledgment provided for in section 415.30(b) and a return envelope, postage prepaid, addressed to Plaintiff’s counsel. (Id.) This was mailed to Mr. Golcheh’s residence at 350 N. Crescent Dr. #208, Beverly Hills, CA 90210. 

 

Defendant did not acknowledge the service, necessitating in person service by a registered process server at a cost of $127.40.  (Moghadam Decl. ¶ 4; 1/5/22 Proof of Service.) Since Defendant failed to sign and return the acknowledgment within 20 days after it was mailed, Defendant is liable for such costs incurred in effecting service by some other method.

 

Accordingly, Plaintiff’s motion is GRANTED.