Judge: Thomas D. Long, Case: 23STCV08320, Date: 2024-10-10 Tentative Ruling

Case Number: 23STCV08320    Hearing Date: October 10, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 14, 2023, Plaintiff Divvypay LLC filed this action against Defendants Buy Zeeba Inc. and Ameneh Riahi.

On June 12, 2024, Plaintiff filed an Application for Order Directing Service of Summons on Defendant Corporation by Delivery of Process to Secretary of State.

If a corporation’s agent designated for service of process cannot with reasonable diligence be found at the address designated for personally delivering the process, and it is shown by affidavit that the domestic corporation cannot be served in accordance with Code of Civil Procedure sections 415.10, 415.20, 416.10, or 416.20, the court may order service on the Secretary of State.  (Corp. Code, § 1702, subd. (a).)

Plaintiff provides Declarations of Reasonable Diligence from its process servers.  (Application, Exs. B-C.)  On April 19, 2023, the process server attempted service on Kambiz Marashi (Agent for Service of Process, CEO, Secretary, CFO, and Director for Buy Zeeba Inc.) at 510 West 6th Street, Suite 728, Los Angeles, California 90014.  There was no answer/response.  She checked in with security who let her up, but the office door was locked and no one would answer.  On April 28, 2023, the agent was not in or available.  On April 30, 2023, the agent was not in or available and the office was closed.  On May 1 and 2, 2023, there was no answer and it was quiet.  On May 14, 2024, a different process server encountered a locked door and was informed by the front desk that “they work remotely.”  On May 16, 20, 22, and 23, 2024, there was no answer and the door was closed/locked.  The process server left a courtesy copy on May 23, 2024.

Plaintiff has shown that the agent designated for service of process (and sole officer and director) could not with reasonable diligence be found at the address designated for personally delivering the process. 

Accordingly, the Application for Order Directing Service of Summons on Defendant Corporation by Delivery of Process to Secretary of State is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 10th day of October 2024