Judge: Robert P. Dahlquist, Case: 37-2023-00008424-CU-FR-NC, Date: 2023-08-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - August 28, 2023

08/28/2023  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2023-00008424-CU-FR-NC CASTANEDA VS. BRIGHT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 07/05/2023

Motion to Quash Service of Summons Defendant CodeBiosys, Inc.'s motion to quash service of summons (ROA # 47) is granted.

This motion is based on the argument that CodeBiosys was not properly served. CodeBiosys is a dissolved entity. Plaintiffs served the summons and complaint on CodeBiosys' former registered agent for service of process, National Registered Agents. ROA # 12.

Once a corporation has dissolved, summons can be served either on: (a) The person who is trustee of the corporation and of its stockholders or members (CCP § 416.20(a)); or (b) Any officer, director or other person having custody or control of its assets (Corp. Code § 2011(b)); or (c) If no such person can be found, then upon 'any agent upon whom process might be served at the time of dissolution'; or if none can be found, upon proper showing of diligence, a court order may be obtained authorizing service on the Secretary of State (Corps. Code § 2011(b)).

Plaintiffs did not attempt to serve the trustee of the corporation or any 'officer, director or person having charge' of the assets of CodeBiosys. Rather, plaintiffs tried to serve National Registered Agents, Inc.

which had been CodeBiosys' registered agent. If no 'officer, director, or person having charge' of its assets could be found, and, critically, National Registered Agents had continued to serve as CodeBiosys' registered agent when the corporation dissolved, service on National Registered Agents would have been proper under California law. See Corp. Code § 2011(b) (providing for service upon 'any agent upon whom process might be served at the time of dissolution'); Pulte Homes Corp. v. Williams Mech., Inc. (2016) 2 Cal. App. 5th 267, 273–74 (holding that service on attorney who was agent for dissolved corporation at time of dissolution constituted 'actual notice' on the corporation, 'because the corporation has expressly held that person out to the world as authorized to receive notice of actions').

However, CodeBiosys revoked its designation of National Registered Agents as its agent for service of process in California on December 8, 2020. Young Decl. (ROA # 49), Exhibit 4.

As such, service on National Registered Agents was not proper.

For these reasons, CodeBiosys' motion to quash service of summons is granted, without prejudice to Calendar No.: Event ID:  TENTATIVE RULINGS

3009863 CASE NUMBER: CASE TITLE:  CASTANEDA VS. BRIGHT [IMAGED]  37-2023-00008424-CU-FR-NC plaintiffs attempting to effectuate proper service.

Demurrer Defendant Jason Young's demurrer (ROA # 34) is sustained with leave to amend. If plaintiffs elect to file an amended complaint, they shall do so by Sept. 15, 2023.

The court agrees with Young's argument that the complaint fails to allege facts (as opposed to conclusions and arguments) constituting a viable cause of action as against Young. In addition, to the extent that the purported claims for fraud are asserted against Young, those claims are not pleaded with specificity as against Young.

Finally, the complaint does not comply with California Rules of Court Rule 2.111. The complaint does not clearly identify the plaintiffs and defendants associated with each cause of action.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on Monday, August 28, 2023. If no party appears at the hearing, this tentative ruling will become the order of the Court as of August 28, 2023. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3009863