Kern Ridge Growers LLC v. International Juice Concentrates Inc et al

Filing 13

ORDER DENYING EX PARTE APPLICATION FOR ORDER TO SERVE BY PUBLICATION 12 by Judge Otis D Wright, II. (lc) Modified on 1/4/2013 .(lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KERN RIDGE GROWERS, LLC,

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v.

Plaintiff,

INTERNATIONAL JUICE
CONCENTRATES, INC. and CARLOS
ORTIZ,

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Case No. 2:12-cv-05248-ODW(JEMx)
ORDER DENYING EX PARTE
APPLICATION FOR ORDER TO
SERVE BY PUBLICATION [12]

Defendants.

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The Court has before it Plaintiff’s ex parte application requesting permission to

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serve Defendant Carlos Ortiz by publication. (ECF No. 12.) Plaintiff’s application

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does not contain sufficient factual support to satisfy the Court that all reasonable

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diligence has been employed in attempted to serve Ortiz. See Cal. Code Civ. Proc.

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§ 415.50(a). For example, Plaintiff fails to explain how its process server ascertained

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the addresses listed in Exhibit 2 of Bart Botta’s declaration. And while Plaintiff

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contends it “has investigated all of the likely sources of information that must be

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searched before resorting to publication,” Plaintiff only supports this assertion with a

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vague, apparently non-exhaustive list of such sources. (Appl. 3.) This is flatly

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insufficient to warrant the drastic measure of service by publication. Plaintiff’s ex

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parte application is therefore DENIED.

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IT IS SO ORDERED.

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January 4, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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