Judge: Mark E. Windham, Case: 24STLC00770, Date: 2024-04-29 Tentative Ruling

Case Number: 24STLC00770    Hearing Date: April 29, 2024    Dept: 26

Lexington Ins. Co. v. Allen Trucking, LLC, et al.

MOTION TO SERVE CORPORATION THROUGH SECRETARY OF STATE

(CCP § 416.10; Civ. Code § 1702)

TENTATIVE RULING:

Plaintiff Lexington Insurance Company’s Motion to Serve Summons and Complaint on Defendant Allen Trucking, LLC through the Secretary of State is GRANTED. PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IS TO BE FILED WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On February 1, 2024, Plaintiff Lexington Insurance Company (“Plaintiff”) filed this action for insurance subrogation against Defendant Allen Trucking, LLC (“Defendant”). Plaintiff filed the instant Motion to Serve Summons and Complaint on Defendant through the California Secretary of State on February 27, 2024. To date, no opposition to the Motion has been filed.

Discussion

Code of Civil Procedure section 416.10 provides that a summons may be served on a corporation, if authorized, by any provision in Corporations Code sections 1701, 1702, 2110 or 2111. Under Corporations Code section 1702, this includes by hand delivery “to the Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy.” (Cal. Corp. Code, § 1702, subd. (a).) Service on the Secretary of State’s Office is permitted if the corporation’s agent “cannot with reasonable diligence be found at the address designated for personally delivering the process . . . and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent.” (Cal. Corp. Code, § 1702, subd. (a).)

Plaintiff has demonstrated by affidavit its inability to serve Defendant despite reasonable diligence. The only available address for Defendant is 200 W Chestnut St. #205, Glendale, California. (Motion, Van Susteren Decl., ¶2 and Exh. 2.) Defendant’s agent is Khachik Eisagoolian. (Ibid.) Attempts to serve Eisagoolian at 200 W Chestnut have been unsuccessful because a different family currently lives at that address and does not know Eisagoolian. (Id. at ¶3 and Exh. 3.) Nor is there any other address associated with Defendant’s business, despite searches of the US Department of Transportation, California Secretary of State, and Linkedin. (Id. at ¶¶4-5.) Finally, Defendant’s corporate status is inactive such that the possibility of effectuating service will be unreasonably difficult. (Id. at ¶6 and Exh. 2.)

Therefore, Plaintiff has demonstrated the corporation’s agent “cannot with reasonable diligence be found at the address designated for personally delivering the process . . . and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent.”

Conclusion

Plaintiff Lexington Insurance Company’s Motion to Serve Summons and Complaint on Defendant Allen Trucking, LLC through the Secretary of State is GRANTED. PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IS TO BE FILED WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.