Judge: Mark E. Windham, Case: 22STLC07539, Date: 2023-03-23 Tentative Ruling

Case Number: 22STLC07539    Hearing Date: March 23, 2023    Dept: 26

Diaz v. Delgado, et al.

MOTION TO SERVE CORPORATION THROUGH SECRETARY OF STATE

(CCP § 416.10; Civ. Code § 1702)

TENTATIVE RULING:

Plaintiff Alejandro Diaz’s Motion to Serve Summons and Complaint on Defendant Toba 26, LLC through the Secretary of State is GRANTED. PROOF OF SERVICE DEMONSTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.

ANALYSIS:

On November 8, 2022, Plaintiff Alejandro Diaz (“Plaintiff”) filed this action for civil rights violations against Defendants Roberto Delgado aka Roberto Delgado-Juarez aka Roberto Juarez (“Defendant Delgado”) and Toba 26, LLC (“Defendant Toba”). On December 8, 2022, Plaintiff filed the instant Motion to Serve Summons and Complaint on Defendant Toba through the Secretary of State. Proof of personal service of the Summons and Complaint on Defendant Delgado was filed on December 27, 2022. To date, no opposition to the Motion has been filed.

Discussion

Plaintiff moves for relief pursuant to Code of Civil Procedure section 17701.16, which provides that a summons may be served on a limited liability company through the Secretary of State “[i]f an agent for service of process has resigned and has not been replaced . . .  .” (Code Civ. Proc., § 17701.16.) The Motion demonstrates Plaintiff’s inability to serve Defendant Toba despite reasonable diligence. Defendant Toba’s listed agent for service of process resigned on October 27, 2022 and has not yet been replaced. (Motion, Mehrban Decl., ¶¶2-3 and Exh. A.) In light of the foregoing, service pursuant to Corporations Code section 1702 by delivery to the Secretary of State is appropriate.

Plaintiff Alejandro Diaz’s Motion to Serve Summons and Complaint on Defendant Toba 26, LLC through the Secretary of State is GRANTED. PROOF OF SERVICE DEMONSTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.

Moving party to give notice.