Judge: Mark H. Epstein, Case: 24SMCV02182, Date: 2024-06-05 Tentative Ruling

Case Number: 24SMCV02182    Hearing Date: June 5, 2024    Dept: I

This is a motion to serve defendant Revolt Enterprises through the Secretary of State.  Plaintiff contends that Revolt has not maintained an agent for service of process here and that plaintiff has attempted to serve defendant in other fashions.  There had been a registered agent for service, but that agent resigned as of January 9, 2024, and no new agent has been named.  There was a similar federal court action.  According to plaintiff, plaintiff attempted to serve the federal summons at Revolt’s address but service was refused there.  Also, CT Corporation, a well known entity that acts as an agent for service of process, used to be the registered agent, but resigned on January 9, 2024.  This case involves allegations of fraud and the potential dissipation of assets.  While the court is not 100% convinced that ex parte relief is required, at the same time defendant has not yet been served and thus the filing of a noticed motion will not advance the ball.

Service on the Secretary of State is proper where there is no registered agent.  Although not required by the statute, plaintiff asserts that there was a diligent attempt to serve Revolt.

The court believes the required showing has been made and the motion is GRANTED.