Judge: Theodore R. Howard, Case: 20-1149130, Date: 2023-05-25 Tentative Ruling

Specially appearing defendant AdBoom, LLC’s (“AdBoom”), Motion to Quash Service of Summons (“Motion”) is GRANTED.

AdBoom requests the court quash service of summons on the ground the summons and complaint were improperly served upon co-defendant Nick Kohlschreiber (“Kohlschreiber”).  (Civ. Proc. Code § 418.10.)  AdBoom is a defunct corporate entity that was cancelled on 03/22/19.  (Yu, Ex. 3.)  While defunct corporate entities can be sued, service of process is limited by Civ. Proc. Code § 416.20 and Corp. Code § 2011(b). 

As there is no evidence that Kohlschreiber is a trustee of AdBoom or the complaint/summons giving Kohlschreiber notice he is being served as a trustee of AdBoom, then Civ. Proc. Code § 410.20(a) is not applicable.  (Wilson v. Superior Ct. in & for Los Angeles Cnty. (1936) 11 Cal. App. 2d 643, 644.) 

While Kohlschreiber may have been in charge of AdBoom’s assets at the time of cancellation, Kohlschreiber attests AdBoom no longer has any assets.  (Kohlschreiber ¶ 5.)  Plaintiff Fidelity Tax Relief LLC (“Plaintiff”) has not produced any evidence to the contrary.  As there are no assets, Kohlschreiber cannot be served as an officer in charge of the defunct entities’ assets.  (Corp. Code § 2011(b).)  Finally, AdBoom’s agent for service of process at the time of cancellation appears to have been Uri Litvak (“Litvak”).  (Yu Decl., Exs. 3-4.)  As Kohlschreiber was not the agent for service of process at the time of cancellation, he cannot be served on behalf of AdBoom as agent of process.  (Corp. Code § 2011(b).)

The only remaining service option for Plaintiff is by way of the California Secretary of State, which does not appear to have occurred.  (Id.)

The Motion is GRANTED.  The service of summons on Kohlschreiber of behalf of AdBoom is quashed.  Plaintiff is ordered to proceed with service through the California Secretary of State.

AdBoom to give notice