Judge: Mark H. Epstein, Case: 23SMCV03802, Date: 2024-03-29 Tentative Ruling

Case Number: 23SMCV03802    Hearing Date: March 29, 2024    Dept: I

While the court doubts there are truly exigent circumstances here, by definition there is no harm in the ex parte.  This is an attempt to serve by publication.  Therefore, if “notice” were given, it would become a paradox.  And if an opposition were filed, that would be an appearance.  Thus, the court will consider the merits.

The court notes that as to the individual Itzhaki, she actually made a special appearance to move to quash service but then withdrew the motion.  One could argue that by withdrawing the motion, her appearance became a general appearance and she is not within the court’s jurisdiction.  But that said, there is no harm by also serving her by publication, just to be sure.  As to the entities, they have not been served or appeared at all insofar as the court can tell.  There has been a showing that plaintiff has attempted to serve them but without success.  Therefore, the motion is GRANTED.  Rontal Development LLC may be served by service on the Secretary of State.  The other defendants may be served by publication.  However, in addition to that service, plaintiff will send courtesy copies of the papers to all addresses identified for any of the defendants.  That courtesy service will be made by certified mail or the equivalent.  The court will also inquire as to the relationship between the individual and the other defendants.  What the court is trying to do is to assure actual knowledge of the lawsuit.  At that point, if there is no appearance, the court can deem that to be tactical.  On the other hand, the more likely result is that defendants will appear and the case can go forward.