Judge: Maurice A. Leiter, Case: 23STCV20863, Date: 2024-01-09 Tentative Ruling

Case Number: 23STCV20863    Hearing Date: January 9, 2024    Dept: 54

Hearing Date: January 9, 2024

Department 54, Judge Maurice A. Leiter

Motion for Order Directing Service of Summons on Softtrans Logistics, Inc. by Delivery of Process to Secretary of State

Moving Party: Plaintiff Bestocean Worldwide Logistics, Inc.

Responding Party: None

T/R:      PLAINTIFF’S MOTION IS GRANTED.

PLAINTIFF TO NOTICE.

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 has been received.

Corporations Code § 1702(a) provides: “If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cannot with reasonable diligence be found at the address designated for personally delivering the process, or if no agent has been designated, and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent by hand in the manner provided in Section 415.10, subdivision (a) of Section 415.20 or subdivision (a) of Section 415.30 of the Code of Civil Procedure or upon the corporation in the manner provided in subdivision (a), (b) or (c) of Section 416.10 or subdivision (a) of Section 416.20 of the Code of Civil Procedure, the court may make an order that the service be made upon the corporation by delivering by hand to the Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy, one copy of the process for each defendant to be served, together with a copy of the order authorizing such service. Service in this manner is deemed complete on the 10th day after delivery of the process to the Secretary of State.”  

Plaintiff requests an order directing service on the Secretary of State for Defendant Softtrans Logistics, Inc. Plaintiff asserts that Softtrans and its agent for service have vacated the Compton, CA address registered with the Secretary of State, making service at this address impossible. Plaintiff represents that it also attempted service at an address listed on Softtrans’ website but Softtrans has vacated that property as well. This is sufficient to establish reasonable diligence.

Plaintiff’s motion is GRANTED.