KENIA ORTEGA PEREA VS CHRISTOPHER ADLESH, ET AL.

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.