Judge: Stephen P. Pfahler, Case: 23STCV12722, Date: 2024-03-26 Tentative Ruling
Case Number: 23STCV12722 Hearing Date: March 26, 2024 Dept: 68
Dept.
68
Date:
3-26-24
Case
#: 23STCV12722
Trial
Date: Not Set
LEAVE FOR SERVICE ON SECRETARY OF STATE
MOVING
PARTY: Plaintiff, Jane Roe
RESPONDING
PARTY: Unopposed/Defendant, Paul Stepanek Management
RELIEF
REQUESTED
Motion
for Leave to Allow Service on the Secretary of State
SUMMARY
OF ACTION
On
October 21, 2022, Plaintiff Jane Roe commenced an hourly employment
relationship with defendants New Frequency Mgmt, Paul Stepanek Management, and Paul
Oakenfold for work as a personal assistant to Oakenfold. Plaintiff alleges
Oakenfold engaged in a sexually harassing behavior. Plaintiff reported the
alleged behavior of Okaenfold to Stepanek, but was instead presented with a
non-disclosure agreement and threat of termination if it was not signed.
Plaintiff
refused to sign, and was suspended from any job duties. Plaintiff later, “under
duress,” signed the agreement. Plaintiff returned to work, with “dramatically
reduced” hours. Plaintiff was subsequently terminated effective March 24, 2023.
On
June 2, 2023, Plaintiff filed a Complaint for 1. Retaliation in Violation of
Cal. Labor Code Sections 1102.5, 1102.6; 2. Harassment in Violation of Cal.
Gov. Code Sections 12900 Et Seq. of The Fair Employment And Housing Act (“FEHA”);
3. Retaliation in Violation of The FEHA; 4. Discrimination In Violation of the FEHA;
5. Failure To Prevent Discrimination, Harassment, Complaint For Damages and/or
Retaliation In Violation of the FEHA; 6. Violation Of Cal. Civ. Codes 51 &
52; and, 7. Wrongful Termination In Violation Of Public Policy. On June 9,
2023, Plaintiff filed a 170.6 challenge, thereby leading to assignment to
Department 68.
On
June 30, 2023, Oakenfold filed a Notice of Acknowledgment of Receipt. Oakenfold
answered on July 31, 2023. On January 8, 2024, Plaintiff substituted in Paul
Stupanek for Doe 1.
RULING: Granted.
Plaintiff Jane Roe moves for leave to
serve defendant Paul Stepanek Management via the California Secretary of State.
Plaintiff maintains an inability to serve an authorized agent for Paul Stepanek
Management after “numerous” efforts. Plaintiff alleges intentional evasion.
[Declaration of Barbara Duvan-Clarke.]
(a) 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, § 1702, subd. (a).)
The court
accepts the representations of Plaintiff regarding the inability to execute
service on the corporate entity. The motion is granted.
The court docket shows no proofs of
service for New Frequency Mgmt, or Paul Stepaanek. The court will concurrently
conduct the Case Management Conference and OSC re: Sanctions.
Plaintiff
to give notice.