Judge: William A. Crowfoot, Case: 24PDUD04183, Date: 2025-03-25 Tentative Ruling

Case Number: 24PDUD04183    Hearing Date: March 25, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

This unlawful detainer action was filed on December 3, 2024, by plaintiff Vista Investment Group, LLC (“Plaintiff”) in connection with the premises located at 5355 Cartwright Avenue #207, North Hollywood, CA 91601 (“Premises”). On March 11, 2025, defendant Apex Management Group, Inc. (“Defendant”) filed this motion to quash service of summons after Plaintiff filed a proof of service reflecting substituted service on William Bgdoian (“Bgdoian”) at his business address of 14545 Friar Street, Suite 103, Mailbox-101W, in Van Nuys, California. The proof of service lists Bgdoian as Defendant’s CEO and states that the documents were left behind with “Armine Az – PMB Clerk/Owner) on February 13, 2025, at 12:53 p.m.

A corporation may be served by delivering the summons and complaint to some person on behalf of the corporation. (Code Civ. Proc., § 416.10.) The person served must be a person served on behalf of the corporation which includes officers and designated agents for service of process. (Ibid.) If an entity defendant’s physical address is known, the summons and complaint must be left in the office of the person authorized to be served on behalf of the entity during usual office hours with the person “apparently in charge thereof.” (Code Civ. Proc., § 415.20, subd. (a).)

Defendant argues that the summons and complaint were not properly served because the address on Friar Street is not Bgdoian’s private P.O. Box, Bgdoian does not conduct business on behalf of Defendant at the Friar Street address, and there has been no attempt to serve him at the Premises in North Hollywood, CA. (Motion, Bgdoian Decl., ¶¶ 5-7.)

In an opposition brief filed on March 12, 2025, Plaintiff argues that service was proper because Bgdoian is Defendant’s agent for service of process, CEO, CFO, and Secretary, and Bgdoian, an attorney, lists his office address on the pleadings in this case as 14545 Friar St. Suite 101W in Van Nuys, California. However, the declaration of diligence states that the Friar Street address is a mailbox facility and not Bgdoian’s office. Substituted service may only be effected on a mailing address if the physical address of the person to be served is unknown and even then, the mailing address cannot be a United States Postal Service post office box. (Code Civ. Proc., § 415.20, subd. (a).) The Friar Street address is also not the only address reasonably known for Defendant or Bgdoian because they could also be served at the Premises.

          Accordingly, the motion to quash is GRANTED.

Dated this 25th day of March 2025

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.