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.
*******4664
05/14/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
ORTEGA PEREA KENIA
OVIATT EVENTS LLC
TRULY YOURS CATERING INC.
ADLESH CHRISTOPHER
GOODMAN JARED S.
1/8/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
1/8/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
1/27/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
12/9/2019: Proof of Personal Service - Proof of Personal Service
11/14/2019: Order (name extension) - Order Granting Plaintiffs Motion for Service of Summons and Complaint Upon Secretary of State
11/14/2019: Minute Order - Minute Order (Hearing on Motion for Order for Service of Summons and Compla...)
8/26/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: (Unidentified)
7/30/2019: Motion for Order (name extension) - Motion for Order for Service of Summons and Complaint Upon Secretary of State
7/22/2019: Ex Parte Application (name extension) - Ex Parte Application for Order Directing Service to Secretary of State
7/18/2019: Proof of Service - No Service - Proof of Service - No Service
7/22/2019: 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
5/15/2019: Summons - Summons on Complaint
5/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
5/14/2019: Complaint - Complaint
5/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
5/14/2019: First Amended Standing Order - First Amended Standing Order
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
Hearing11/10/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketRequest for Entry of Default / Judgment; Filed by: Kenia Ortega Perea (Plaintiff); As to: Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)
DocketDefault entered as to Oviatt Events LLC; Truly Yours Catering, Inc. On the Complaint filed by Kenia Ortega Perea on 05/14/2019
DocketRequest for Entry of Default / Judgment; Filed by: Kenia Ortega Perea (Plaintiff)
Docket; On the Complaint filed by Kenia Ortega Perea on 05/14/2019
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
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
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
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
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)
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
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)
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Kenia Ortega Perea (Plaintiff); As to: Christopher Adlesh (Defendant); Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)
DocketComplaint; Filed by: Kenia Ortega Perea (Plaintiff); As to: Christopher Adlesh (Defendant); Oviatt Events LLC (Defendant); Truly Yours Catering, Inc. (Defendant)
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
DocketNon-Jury Trial scheduled for 11/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
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.