Judge: Maurice A. Leiter, Case: 22STCV23308, Date: 2022-12-08 Tentative Ruling

Case Number: 22STCV23308    Hearing Date: December 8, 2022    Dept: 54

Hearing Date: December 8, 2022

Department 54, Judge Maurice Leiter

Plaintiff’s Motion to For Order to Serve Secretary of State

Moving Party: Plaintiff LexisNexis

Responding Party: None

T/R:     PLAINTIFF’S MOTION FOR AN ORDER TO SERVE THE SECRETARY OF STATE IS GRANTED.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers. No opposition was filed.

BACKGROUND

On July 19, 2022, Plaintiff Lexis Nexis filed a summons and complaint against First Global Money alleging breach of contract, open book account, account stated, and reasonable value. Plaintiff alleges Defendant owes it $118,243.15 for a two-year subscription to Plaintiff’s service. October 5, 2022, Plaintiff filed this motion for an order allowing service of the summons and complaint upon the Secretary of State.

ANALYSIS

            California Corporations Code section 2111 provides in relevant part: “If the agent designated for the service of process is a natural person and cannot be found with due diligence at the address stated in the designation or if the agent is a corporation and no person can be found with due diligence to whom the delivery authorized by Section 2110 may be made for the purpose of delivery to the corporate agent…or if no agent has been designated and if no one of the officers or agents of the corporation specified in Section 2110 can be found after diligent search and it is so shown by affidavit to the satisfaction of the court, then the court may make an order that service be made by personal delivery to the Secretary of State…”  (Cal. Corps. Code § 2111(a).)  

            Plaintiff says it obtained Defendant’s address from available information maintained by the Secretary of State. (Brodkin Decl. 3.) When the process server attempted service at this address, Plaintiff discovered that Defendant was no longer there, and a new business had moved into that location two-and-a-half years earlier. (Brodkin Decl. 4.) Plaintiff also attempted service by mail at the address of Defendant’s chief executive officer, which was obtained through a credit search. (Brodkin Decl. 5.) But the envelope was returned to sender. (Brodkin Decl. 6.) Plaintiff attests that counsel conducted a search through Experian and public records and found no additional addresses. (Brodkin Decl. 8.)

            Plaintiff has shown due diligence. The Motion for Leave for Service by Secretary of State is granted.