Bank of America, N.A. et al v. Sunshine Daydream, LLC et al

Filing 45

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court GRANTS Plaintiff-in-Intervention First Bank's Motion for Service by Publication 44 , and directs First Bank to effectuate service by publication in the Los Angeles and San Francisco Daily Journals, in accordance with the procedures set forth by Cal. Civ. Proc. Code Section 415.50. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:13-cv-01211-CAS(DTBx)

Title

BANK OF AMERICA, N.A. ET AL V. SUNSHINE DAYDREAM, LLC
ET AL

Present: The Honorable

Date

February 7, 2014

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers:) MOTION FOR SERVICE BY PUBLICATION
(dkt. 44, filed January 10, 2014)

The Court finds this motion appropriate for decision without oral argument. Fed.
R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of February 10, 2014, is
vacated, and the matter is hereby taken under submission.
Plaintiffs in this case allege that defendant Armen Abroyen defrauded them
through his corporation Sunshine Daydream LLC. Plaintiff-in-Intervention, First Bank,
has unsuccessfully attempted to personally serve Abroyen, and now moves to serve
Abroyen by publication. Dkt. 44.
Pursuant to Fed. R. Civ. P. 4(e)(1), service in federal court may be effectuated by
“following state law for serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is located or where service is made.”
California Code of Civil Procedure § 415.50(a), in turn, permits service by publication if
(1) “it appears to the satisfaction of the court in which the action is pending that the party
to be served cannot with reasonable diligence be served in another manner specified in
this article” and (2) “[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.”
The Court finds that First Bank’s motion should be granted. First, the Court is
satisfied that Abroyen cannot be served with reasonable diligence. David Lee, First
Bank’s counsel, has submitted a declaration outlining First Bank’s efforts to personally
serve Abroyen. These efforts include attempting to serve Abroyen at his listed addresses,
attempting to effect substituted service on a tenant occupying a building owned by
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:13-cv-01211-CAS(DTBx)

Date

February 7, 2014

Title

BANK OF AMERICA, N.A. ET AL V. SUNSHINE DAYDREAM, LLC
ET AL

Abroyen, deposing that tenant to discover Abroyen’s whereabouts, and contacting the
FBI, which has also been unable to locate Abroyen. Lee Decl. ¶¶ 6-13. Lee also states
that he spoke with counsel in several other cases against Abroyen, all of whom have
confirmed that they were unable to locate or serve Abroyen. Id. ¶ 17. Based on these
representations, the Court determines that Abroyen “cannot with reasonable diligence be
served in another manner” specified in the California Code of Civil Procedure.
Second, it appears that a cause of action exists against Abroyen. First Bank, along
with plaintiffs Bank of America, N.A. and Comerica Bank, allege that, beginning in June
2012, Abroyen secured loans from several banks to finance a purported event planning
business, Sunshine Daydream, LLC. Compl. ¶¶ 10-11. Plaintiffs allege that Abroyen
never intended to finance this business, and instead absconded with the loan funds as part
of a fraudulent scheme. Id. ¶¶ 12-13. These allegations form a more than sufficient basis
for this Court to conclude that a claim “exists against the party upon whom service is to
be made.” Cal. Civ. Proc. Code § 415.50(a).
Accordingly, the Court concludes that service by publication is appropriate in this
case. The Court therefore GRANTS First Bank’s motion, and directs First Bank to
effectuate service by publication in the Los Angeles and San Francisco Daily Journals, in
accordance with the procedures set forth by Cal. Civ. Proc. Code § 415.50.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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CMJ

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