Topete, et al. v. Ramos Furniture

Filing 100

Stipulation & Order for order authorizing service of Defendant Dimas Manuel, Inc. by substituted service upon the California Secretary of State, signed by Magistrate Judge Erica P. Grosjean on 3/20/2017. (Rosales, O)

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WAGNER,JONES, KOPFMAN,
& ARTENIAN LLP
Nicholas J.P. Wagner #109455
Andrew B. Jones #076915
Daniel M. Kopfman #192191
Lawrence M. Artenian #103367
Angela E. Martinez #297169
Laura E. Brown #306035
1111 E. Herndon, Ste. 317
Fresno, CA 93720
559/449-1800
559/449-0749 Fax
Attorneys for Plaintiffs, MARISOL TOPETE and ROSALBA MALDONADO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARISOL TOPETE
MALDONADO,

and

ROSALBA

Case No.: 1:16-CV-00271 EPG
STIPULATION & ORDER FOR ORDER
AUTHORIZING SERVICE OF
DEFENDANT DIMAS MANUEL, INC.
BY SUBSTITUTED SERVICE UPON
THE CALIFORNIA SECRETARY OF
STATE

Plaintiffs,
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vs.
RAMOS FURNITURE.; and DOES 1-100,
inclusive,

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Defendants.
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WHEREAS:
1. Defendant DIMAS MANUEL, INC. (“DMI”) is a real party in interest to this lawsuit,
and has been named as a defendant in the instant action;
2. DMI is listed as a dissolved corporation by the California Secretary of State;
3. According to Plaintiffs, Plaintiffs have been unable to effect service of process upon
DMI by and through its agent for service of process; and
4. California state law authorizes alternative service of process upon a dissolved
corporation by and through the California Secretary of State pursuant to section 2011(b) of the
California Corporations Code. Substituted service under this section may be effected by
STIPULATION & ORDER FOR SUBSTITUTED SERVICE UPON DIMAS MANUEL, INC.
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015350.00002 - 161390.1

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delivering a copy of the summons or other process to, inter alia, “any agent upon whom process

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might be served at the time of dissolution. If none of such persons can be found with due

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diligence and it is so shown by affidavit to the satisfaction of the court, then the court may make

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an order that summons or other process be served… by personally delivering a copy thereof,

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together with a copy of the order, to the Secretary of State or an assistant or deputy secretary of

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state. Service in this manner is deemed complete on the 10th day after delivery of the process to

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the Secretary of State.” Cal. Corp. Code § 2011(b).

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5. Further, this method of service is authorized in Federal court by Rule 4 of the Federal

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Rules of Civil Procedure, which permits service of a corporation by any method permitted by

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the state in which the district court hearing the action sits. Fed. R. Civ. Proc. 4, subsec. (h).

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THEREFORE, IT IS HEREBY AGREED by the undersigned counsel on behalf of Plaintiffs

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MARISOL TOPETE and ROSALBA MALDONADO and Defendant FURNITURE DEALS,

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INC. DBA RAMOS FURNITURE to the issuance by the Court an order authorizing substituted

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service upon DMI by and through the California Secretary of State pursuant to section 2011(b)

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of the California Corporations Code and Rule 4(h) of the Federal Rules of Civil Procedure.

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IT IS SO STIPULATED,

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Dated: March 10, 2017

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WAGNER, JONES, KOPFMAN
& ARTENIAN, LLP
/s/Laura E. Brown
Laura E. Brown
Attorneys for Plaintiffs

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SAGASER, WATKINS & WIELAND PC

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/s/Paul J. Bauer (as authorized on 3/10/17) [draft]
Paul J. Bauer
Attorneys for Defendant RAMOS FURNITURE

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STIPULATION & ORDER FOR SUBSTITUTED SERVICE UPON DIMAS MANUEL, INC.
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015350.00002 - 161390.1

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Order

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GOOD CAUSE BEING SHOWN as described in the Declarations of Laura E. Brown

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dated February 10, 2017 and March 3, 2017 (ECF Nos. 94, 96.) and as agreed to by Plaintiffs

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MARISOL TOPETE and ROSALBA MALDONADO and Defendant FURNITURE DEALS,

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INC. DBA RAMOS FURNITURE in the above stipulation, Plaintiffs are hereby authorized to

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serve Defendant Dimas Manuel, Inc. through substituted service upon the California Secretary

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of State pursuant to California Corporations Code section 2011(b) and Rule 4(h) of the Federal

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Rules of Civil Procedure.

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IT IS SO ORDERED.
Dated:

March 20, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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STIPULATION & ORDER FOR SUBSTITUTED SERVICE UPON DIMAS MANUEL, INC.
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