Judge: Mark E. Windham, Case: 24STLC03828, Date: 2024-10-01 Tentative Ruling

Case Number: 24STLC03828    Hearing Date: October 1, 2024    Dept: 26

Chen v. IDD (Int’l) Investment, Inc., et al.

MOTION TO SERVE CORPORATION THROUGH SECRETARY OF STATE

(CCP § 416.10; Civ. Code § 1702)

TENTATIVE RULING:

Plaintiff Zhiwei Chen’s for Order Authorizing Service on Secretary of State is CONTINUED TO JANUARY 7, 2025 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY DECEMBER 10, 2024, PLAINTIFF IS TO FILE A SUPPLEMENTAL BRIEF ADDRESSING THE CORRECT AUTHORITY. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

ANALYSIS:

On May 29, 2024, Plaintiff Zhiwei Chen (“Plaintiff”), in propria persona, filed this action for property damage, fraud, and money laundering against Defendant IDD (Int’l) Investment, Inc. (“Defendant”). Plaintiff filed the instant Motion for Order Authorizing Service on Secretary of State on July 8, 2024. To date, no opposition has been filed.

Discussion

Plaintiff moves for an order authorizing service on Defendant through the Secretary of State pursuant to Corporations Code section 17701.16, which states in relevant part:

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) [emphasis added].) This statute, however, and entire relevant title, pertain to limited liablity companies. Defendant is not a limited liabliity company, it is a corporation and not subject to the moving statute. (Comp., p. 2:9-10.) Plaintiff must move for the requested relief pursuant to provisions of law that apply to corporations.

Conclusion

Plaintiff Zhiwei Chen’s for Order Authorizing Service on Secretary of State is CONTINUED TO JANUARY 7, 2025 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY DECEMBER 10, 2024, PLAINTIFF IS TO FILE A SUPPLEMENTAL BRIEF ADDRESSING THE CORRECT AUTHORITY. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

Court clerk to give notice.