Judge: Stephen P. Pfahler, Case: 22STCV40562, Date: 2024-10-15 Tentative Ruling

Case Number: 22STCV40562    Hearing Date: October 15, 2024    Dept: 68

Dept. 68

Date: 10-15-24

Case #: 22STCV40562

Trial Date: 10-28-24

LEAVE FOR SERVICE ON SECRETARY OF STATE

MOVING PARTY: Defendant/Cross-Defendant, Van Kolakowski

RESPONDING PARTY: Unopposed/Cross-Defendant, Gold Coast Production Studio, LLC

RELIEF REQUESTED

Motion for Leave to Allow Service on the Secretary of State

SUMMARY OF ACTION

On December 28, 2022, Plaintiff Badfish Enterprises, Inc. filed a complaint against Van Kolakowski, Harbor Property Management, and Gold Coast Production Studio, LLC, for

(1) Breach Of Contract; (2) Negligence [Against Kolakowski And Harbor] (3) Negligence [Against Gold Coast] (4) Breach Of The Covenant Of Quiet Enjoyment, and (5) Trespass. Harbor Property Management answered the complaint on April 19, 2203. Kolakowski answered and filed a cross-complaint against Gold Coast Production Studio, LLC on June 9, 2023.

RULING: Granted.

Defendant/Cross-Defendant, Van Kolakowski moves for leave to serve cross-defendant Gold Coast Production Studio, LLC via the California Secretary of State. Kolakowski maintains an inability to serve an authorized agent for Gold Coast Production Studio, LLC after an unsuccessful attempt to serve the identified agent for service. The designated agent now represents authority to accept service lapsed. [Declaration of Mazyar Mazarei.] (Corp. Code, § 17701.16, subd. (c).)

“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.” (Corp. Code, § 17701.16, subd. (a).)

The court accepts the representations of Defendant/Cross-Defendant regarding the inability to execute service on the corporate entity. The motion is GRANTED.

Trial Remains set for October 28, 2024.

Defendant/Cross-Defendant to give notice.