This case was last updated from Los Angeles County Superior Courts on 06/12/2020 at 06:57:25 (UTC).

KENIA ORTEGA PEREA VS CHRISTOPHER ADLESH, ET AL.

Case Summary

On 05/14/2019 KENIA ORTEGA PEREA filed a Contract - Other Contract lawsuit against CHRISTOPHER ADLESH. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4664

  • Filing Date:

    05/14/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

ORTEGA PEREA KENIA

Defendants

OVIATT EVENTS LLC

TRULY YOURS CATERING INC.

ADLESH CHRISTOPHER

Attorney/Law Firm Details

Plaintiff Attorney

GOODMAN JARED S.

 

Court Documents

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

1/8/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/8/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

1/27/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

12/9/2019: Proof of Personal Service - Proof of Personal Service

Order (name extension) - Order Granting Plaintiffs Motion for Service of Summons and Complaint Upon Secretary of State

11/14/2019: Order (name extension) - Order Granting Plaintiffs Motion for Service of Summons and Complaint Upon Secretary of State

Minute Order - Minute Order (Hearing on Motion for Order for Service of Summons and Compla...)

11/14/2019: Minute Order - Minute Order (Hearing on Motion for Order for Service of Summons and Compla...)

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: (Unidentified)

8/26/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: (Unidentified)

Motion for Order (name extension) - Motion for Order for Service of Summons and Complaint Upon Secretary of State

7/30/2019: Motion for Order (name extension) - Motion for Order for Service of Summons and Complaint Upon Secretary of State

Ex Parte Application (name extension) - Ex Parte Application for Order Directing Service to Secretary of State

7/22/2019: Ex Parte Application (name extension) - Ex Parte Application for Order Directing Service to Secretary of State

Proof of Service - No Service - Proof of Service - No Service

7/18/2019: Proof of Service - No Service - Proof of Service - No Service

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

7/22/2019: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

7/16/2019: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Summons - Summons on Complaint

5/15/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

5/14/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/14/2019: First Amended Standing Order - First Amended Standing Order

10 More Documents Available

 

Docket Entries

  • 05/17/2022
  • Hearing05/17/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/10/2020
  • Hearing11/10/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/27/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Kenia Ortega Perea (Plaintiff); As to: Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)

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  • 01/27/2020
  • DocketDefault entered as to Oviatt Events LLC; Truly Yours Catering, Inc. On the Complaint filed by Kenia Ortega Perea on 05/14/2019

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  • 01/08/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Kenia Ortega Perea (Plaintiff)

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  • 01/08/2020
  • Docket; On the Complaint filed by Kenia Ortega Perea on 05/14/2019

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  • 01/08/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 12/09/2019
  • DocketProof of Personal Service; Filed by: Kenia Ortega Perea (Plaintiff); As to: Truly Yours Catering, Inc. (Defendant); Service Date: 11/25/2019; Service Cost Waived: No

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  • 12/09/2019
  • DocketProof of Personal Service; Filed by: Kenia Ortega Perea (Plaintiff); As to: Oviatt Events LLC (Defendant); Service Date: 11/25/2019; Service Cost Waived: No

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  • 11/14/2019
  • DocketUpdated -- Motion for Order for Service of Summons and Complaint Upon Secretary of State: Filed By: Kenia Ortega Perea (Plaintiff); Result: Granted; Result Date: 11/14/2019

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20 More Docket Entries
  • 07/12/2019
  • DocketEx Parte Application for Service Upon Secretary of State; Filed by: Kenia Ortega Perea (Plaintiff); As to: Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)

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  • 07/12/2019
  • DocketHearing on Ex Parte Application for Service Upon Secretary of State scheduled for 07/15/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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  • 05/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Kenia Ortega Perea (Plaintiff); As to: Christopher Adlesh (Defendant); Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)

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  • 05/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/14/2019
  • DocketCivil Case Cover Sheet; Filed by: Kenia Ortega Perea (Plaintiff); As to: Christopher Adlesh (Defendant); Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)

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  • 05/14/2019
  • DocketComplaint; Filed by: Kenia Ortega Perea (Plaintiff); As to: Christopher Adlesh (Defendant); Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)

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  • 05/14/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/14/2019
  • DocketNon-Jury Trial scheduled for 11/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/14/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC04664    Hearing Date: November 14, 2019    Dept: 94

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Kenia Ortega Perea’s Motion for Service of Summons and Complaint Upon Secretary of State is GRANTED. PROOF OF SERVICE DEMOSNTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.

 

SUMMARY OF COMPLAINT: Action for breach of contract.

REQUEST FOR RELIEF: Serve Corporate Defendants Oviatt Events LLC; Truly Yours Catering, Inc. through the Secretary of State.

ANALYSIS:

On May 14, 2019, Plaintiff Kenia Ortega Perea (“Plaintiff”) filed this action against Defendants Oviatt Events LLC (“Defendant Oviatt”), Truly Yours Catering, Inc. (“Defendant Yours Truly”) (collectively, “Corporate Defendants”) and Christopher Aldesh (“Defendant Aldesh”). On August 26, 2019, the Court rejected Plaintiff’s application to serve by publication. Plaintiff filed the instant Motion to Serve Summons and Complaint on Secretary of State. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 416.10 provides that a summons may be served on 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).)

Discussion

Plaintiff has demonstrated that he has been unable to serve the Corporate Defendants despite reasonable diligence. Corporate Defendants’ agent for service of process is Defendant Aldesh. (Motion, Goodman Decl., ¶2.) He is also Defendant Oviatt’s sole manager, and Defendant Truly Yours’ CEO, CFO and Secretary. (Ibid.) Both Corporate Defendants list the same address: 10940 Burbank Blvd., North Hollywood, California. (Ibid.) Plaintiff attempted service at this address five times over the course of three weeks by a registered process server. (Id. at ¶6 and Exh. A.) Nor was Plaintiff able to locate Defendant Aldesh despite speaking with former employees, business associates and a Los Angeles Police Department detective actively investigating Defendants’ conduct. (Id. at ¶5.) Finally, a demand letter sent to Corporate Defendants’ address via certified mail was returned with no forwarding address. In light of the foregoing, service pursuant to Corporations Code section 1702 by delivery to the Secretary of State is appropriate.

Plaintiff Kenia Ortega Perea’s Motion to Serve Summons and Complaint on Secretary of State is GRANTED. PROOF OF SERVICE DEMOSNTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.

Moving party to give notice.