Case Number: BC601270??? Hearing Date: July 21, 2016??? Dept: 98
TINA BRAVO, et al.,
Plaintiffs,
vs.
GENER BINALLA MENDOZA, et al.,
Defendants.
Case No.: BC601270
[TENTATIVE] ORDER RE: PLAINTIFFS? MOTION TO SERVE SUMMONS BY PUBLICATIONDept. 98
1:30 p.m.
July 21, 2016
On November 16, 2015, Plaintiffs Tina Bravo; Samantha Bravo, by and through her Guardian ad Litem, Tina Bravo; Jonathan Bravo, by and through his Guardian ad Litem, Tina Bravo; and Brandon Bravo, by and through his Guardian ad Litem, Tina Bravo (?Plaintiffs?) filed this action against Defendant Gender Binalla Mendoza (?Defendant?) for alleged damages arising out of a September 16, 2014 vehicle collision. Plaintiffs now move to serve the Summons and Complaint by publication.
A summons may be served by publication if it appears to the satisfaction of the Court that the party to be served cannot with reasonable diligence be served in another manner and that a cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. Cal. Code of Civ. Proc. ? 415.50(a).
Plaintiffs attempted to serve Defendant at 2055 W. 235th Street, Torrance, California 90501, an address provided to them at the scene of the accident. Declaration of Sherry Anne Lear, ? 5. Seven attempts were made and each time, no one answered the door. Id. Counsel for Plaintiffs called a phone number related to the residence and spoke to Lynne Narevsky, Defendant?s cousin. Id., ? 6. Ms. Narevsky stated that Defendant had lived there for a time but had moved out and she does not know where he currently resides. Id. Counsel has made multiple internet searches to locate Defendant, without success. Id. Plaintiffs sent Defendant?s insurance company, Farmers Insurance (?Farmers?), a letter regarding Defendant. Id., ? 7. Farmers responded and indicated that they had the same Torrance address and were also attempting to locate Defendant. Id. Plaintiffs retained a private investigator, who found a P. O. Box located in Lomita, California. Id., ? 8. A package sent to the P.O. box was returned as undeliverable. Id., ? 10. Plaintiffs have also attempted to obtain a forwarding address for both locations from the United States Post Office. Id., ? 11. Responses to their requests indicate that no forwarding address for Defendant is on file.
In light of the foregoing, the Court finds that Defendant cannot with reasonable diligence be served by personal service, substituted service, or mailing. The Court further finds that Defendant is a necessary party to this action. Accordingly, Plaintiffs? Motion is GRANTED.
It is ordered that Defendant be served via publication in the Metropolitan News-Enterprise by publication made at least once a week for four successive weeks. Publication shall be made as provided by section 6064 of the Government Code. A copy of the Summons, Complaint, and this Order for publication shall be mailed to Defendant if his address is ascertained before expiration of the time prescribed for publication of the Summons.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 21st day of July, 2016
Hon. Holly J. Fujie
Judge of the Superior Court