Judge: Thomas D. Long, Case: 24STCV12652, Date: 2024-12-17 Tentative Ruling

Case Number: 24STCV12652    Hearing Date: December 17, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 20, 2024, Plaintiffs filed this action against Defendant Frobb West 17th Street LLC and others.

On October 21, 2024, Plaintiffs filed an Application for Service on Secretary of State on Behalf of Defendant.

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).)

Plaintiffs’ counsel determined that Alex Finkel was Defendant’s registered agent, located at 903 24th Street, Santa Monica, CA 90403.  (Malco Decl. ¶ 4 & Ex. B.)  Plaintiffs’ process server attempted service on June 13 and 18, 2024, but the occupant said that “subject and agent are unknown and do not reside here.”  (Malco Decl. ¶ 5 & Ex. C.)  Counsel discovered another resident for Alex Finkle in Boulder, Colorado.  (Malco Decl. ¶ 6.)  The process server was told that “the subject and agent are unknown and do not reside” there.  (Malco Decl. ¶ 6 & Ex. D.)

Counsel then attempted to serve Defendant’s managing partners at 2217 Fox Hills Drive, Los Angeles, CA 90064.  (Malco Decl. ¶ 7 & Ex. E.)  The process server made eight attempts at service from July 12 to July 29, 2024.  (Malco Decl. ¶ 8 & Ex. F.)  At an unsuccessful stakeout on August 9, 2024, a woman told the process server through the intercom that she did not know the subjects and hung up.  (Malco Decl. ¶ 9 & Ex. G.)  Additional unanswered attempts were made on September 7, 2024, September 10, 2024, September 15, 2024, September 20, 2024, and October 7, 2024.  (Malco Decl. ¶ 10 & Ex. H.)

On August 28, 2024, counsel mailed the Summons and Complaint along with copies of the Notice of Acknowledgment and Receipt to Defendant’s registered address, but the Notice of Acknowledgment has not been returned.  (Malco Decl. ¶¶ 11-12 & Ex. I.)

Plaintiffs have shown that the agent designated for service of process could not with reasonable diligence be found at the address designated for personally delivering the process, and Defendant cannot be served through other means.

Accordingly, the Application for Service on 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 17th day of December 2024