Judge: Mark H. Epstein, Case: 24SMCV05642, Date: 2025-05-19 Tentative Ruling

Case Number: 24SMCV05642    Hearing Date: May 19, 2025    Dept: I

The court has some concern.  The address for the agent is 23823 Malibu Road, #129 Malibu, CA  90265.  The process server states that this address was destroyed by the fire.  But the court has some concern.  Google Maps and the LA County Palisades Fire Damage Map suggests that this part of Malibu is unaffected by the fires, which the court takes to mean that it is not burned down.  (The court is not taking judicial notice of Google Maps, but it can take judicial notice of the LA County Fire Damage Map.)  The court understands that there might be an access issue, but that is not the same as saying that service is impossible.  Mailing the papers with a Notice and Acknowledgment coupled with an unsuccessful attempt is not reasonable diligence.  Plaintiff will need to try again, including at the place of business identified in the Statement of Information.  If plaintiff is truly unable to affect service after a diligent attempt, including attempts to find a different location for Storm Saunders (the agent for service of process), the court will consider serving the Secretary of State.  But the court is not yet convinced as to diligence.