Judge: Mark H. Epstein, Case: 24SMCV03775, Date: 2025-01-28 Tentative Ruling

Case Number: 24SMCV03775    Hearing Date: January 28, 2025    Dept: I

This is a motion for leave to serve through alternative means.  According to the moving papers, the contract at issue states that defendant or George Furla can be served for the guarantor.  Emmett was served by mail and also on counsel and also by email.  Emmett got the complaint and replied to it, telling plaintiff not to contact him again because he had counsel—he even copied counsel on the email.  Counsel for Emmett confirms he is counsel, but claims he is not authorized to accept service of process.  Plaintiff contends that Emmett has since been evading service, so he would like to serve Emmett in a different way, specifically email or, if necessary, by publication.

The court is inclined to GRANT the motion to serve by publication.  While email might well suffice, the court wants to be sure that the service will stick.  The court believes that a sufficient showing has been made that defendant is evading process.  However, in addition to publication, plaintiff will also serve by email and by certified mail or equivalent means on every address to which service was attempted and also will provide a courtesy set of the papers to counsel.

The court will CONTINUE the CMC to a date in March.