Judge: Maurice A. Leiter, Case: 24STCV07332, Date: 2024-10-25 Tentative Ruling

Case Number: 24STCV07332    Hearing Date: October 25, 2024    Dept: 54

Hearing Date: October 25, 2024

Department 54, Judge Maurice A. Leiter

Motion for Order Directing Service of Summons on V/A Enterprises LLC dba Valley Xclusive Motorsports by Delivery of Process to Secretary of State

Moving Party: Plaintiff Francisco Campos

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 V/A Enterprises LLC dba Valley Xclusive Motorsports. Plaintiff asserts that service attempts were made at both the address on Defendant’s Secretary of State listing and the address on the sales contract at issue in this action. Plaintiff represents that both addresses are now occupied by residents unassociated with Defendant. This is sufficient to establish reasonable diligence.

Plaintiff’s motion is GRANTED.