Accor Franchising North America, LLC v. Elohim Ent. Inc. et al

Filing 10

ORDER signed by Judge Garland E. Burrell, Jr. on 7/10/2012 ORDERING that Plaintiff's 5 request to serve Elohim through the California Secretary of State and Listyo through publication in the U-T San Diego for eight (8) successive weeks is GRANTED and the hearing currently scheduled for 7/16/2012 is VACATED. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Accor Franchising North America,
LLC,
Plaintiff,

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v.

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Elohim Ent. Inc., Gondosinaryo
Listyo,

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Defendants.
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2:12-cv-0762-GEB-CKD
ORDER AUTHORIZING SERVICE OF
PROCESS ON DEFENDANT ELOHIM
ENT. INC. THROUGH THE
CALIFORNIA SECRETARY OF STATE
AND ON DEFENDANT GONDOSINARYO
LISTYO BY PUBLICATION

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Plaintiff moves for an order authorizing service of process on

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Defendant Elohim Ent. Inc. (“Elohim”) through the California Secretary

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of State and on Defendant Gondosinaryo Listyo (“Listyo”) by publication

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in the U-T San Diego.

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Federal Rule of Civil Procedure 4 permits service of process

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by “following state law for serving a summons . . . in the state where

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the district court is located . . . .” California Corporations Code

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section 1702(a) permits service by hand delivery of the summons and

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complaint to the California Secretary of State when “it is shown by

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affidavit . . . that process against a domestic corporation cannot be

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served with reasonable diligence upon the designated agent . . . .” In

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addition, California Code of Civil Procedure section 415.50 permits

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service by publication if “upon affidavit it appears . . . that the

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party to be served cannot with reasonable diligence be served in another

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manner” and “[a] cause of action exists against the party upon whom

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service [by publication] is [requested].”

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Plaintiff has shown that it exercised reasonable diligence in

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attempting to locate and serve process on Listyo, who is also the agent

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for service of process for Elohim. Therefore, Plaintiff’s request to

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serve Elohim through the California Secretary of State and Listyo

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through publication in the U-T San Diego for eight (8) successive weeks

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is granted; and the hearing currently scheduled for July 16, 2012 is

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vacated.

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Dated:

July 10, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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