Judge: Thomas D. Long, Case: 25STCV04378, Date: 2025-05-15 Tentative Ruling

Case Number: 25STCV04378    Hearing Date: May 15, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 19, 2025, Plaintiff Michael Fine filed this action against Defendant Robert Hull.

On April 22, 2025, Plaintiff filed a motion for order for alternative service.  Plaintiff seeks an order permitting service by posting a copy of the Summons and Complaint at the entrance of Defendant’s residence and mailing a copy of the same documents to the same address via certified mail, return receipt requested.

Plaintiff provides Declarations of Non-Service from registered process servers.  Between February 22, 2025 and March 9, 2025, the process service made seven attempts at service and was unable to access the address due to a private gate/fence, although he waited and honked his horn.  On March 17, 2025, there was no answer at Defendant’s residence, and a neighbor said the subject resides there.  On March 19, 2025, the process server “spoke with an individual who identified themselves as the resident and they stated subject unknown” and “spoke with a neighbor who says not resident.”

Plaintiff brings this motion pursuant to California Code of Civil Procedure sections 413.30 and 415.50.  Section 413.30 authorizes the Court to “direct that summons be served in a manner which is reasonably calculated to give actual notice to the party,” but that is only “[w]here no provision is made in this chapter or other law for the service of summons.”  Section 415.50 governs service by publication, which is not requested in this motion.

Plaintiff has not provided legal authority for service by posting and mailing in this action.  Plaintiff also has not shown that Defendant cannot with reasonable diligence be served in another manner, such as by personal service at another location or by substituted service.

Accordingly, the Motion for Order Alternative Service is DENIED.

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 15th day of May 2025