Judge: Michael P. Linfield, Case: 22STCP04479, Date: 2023-03-17 Tentative Ruling

Case Number: 22STCP04479    Hearing Date: March 17, 2023    Dept: 34

SUBJECT:         Application for Publication

Moving Party:  Judgment Creditor MGM Grand Hotel, LLC

Resp. Party:    None

Judgment Creditor’s Application for Publication is GRANTED.

BACKGROUND:

On December 15, 2022, Plaintiff MGM Grand Hotel, LLC filed its Application for Entry of Judgment on Sister-State Judgment against Defendant Zhi Ming Wu.

On December 30, 2022, the Clerk’s Office entered Judgment in favor of Plaintiff and against Defendant in the amount of $4,386,873.80, together with interest in the sum of $63,279.06, filing fees in the sum of $435.00, and interest on said judgment accruing from the time of entry at the rate provided by law.

On February 16, 2023, Plaintiff (now Judgment Creditor) filed its Application for Publication for publication of the Judgment to provide notice to Defendant (now Judgment Debtor). Judgment Creditor concurrently filed: (1) Proposed Order; and (2) Declaration of William A. Orzel.

No opposition or other response has been filed.

ANALYSIS:

I.           Legal Standard

“A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either:

(1)       “A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.

(2)       “The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property.”

(Code Civ. Proc., § 415.50, subd. (a)(1)–(2).)

“The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period.” (Code Civ. Proc., § 415.50, subd. (b).)

“Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code.” (Code Civ. Proc., § 415.50, subd. (c).)

“Publication of notice pursuant to this section shall be once a week for four successive weeks. Four publications in a newspaper regularly published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences with the first day of publication and terminates at the end of the twenty-eighth day, including therein the first day.” (Gov. Code, § 6064.)

II.        Discussion

Judgment Creditor applies for an order directing service of Judgment Debtor by publication. Judgment Creditor requests publication in the San Gabriel Valley Tribune. Judgment Creditor’s Counsel declares that the San Gabriel Valley Tribune has been adjudicated as a newspaper of general circulation for the county of Los Angeles and that, as Judgment Creditor is believed to living in Diamond Bar but avoiding service, this newspaper is most likely to give actual notice to Judgment Debtor. (Decl. Orzel, ¶¶ 5, 6, 11.)

The Court finds that Judgment Debtor cannot with reasonable diligence be served in a manner other than publication. The Court further finds that Judgment Debtor is a necessary and proper party to this action. The Court finally finds that the San Gabriel Valley Tribune is the newspaper most likely to give actual notice to Judgment Debtor.

The Court GRANTS Judgment Creditor’s Application for Publication.

III.     Conclusion

Judgment Creditor’s Application for Publication is GRANTED.