Starr Indemnity Company v. Joe's Logistics, Inc.
Filing
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ORDER signed by District Judge Troy L. Nunley on 07/24/17 ORDERING that 4 Plaintiff' application to serve Defendant through the California Secretary of State is hereby DENIED. (Benson, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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STARR INDEMNITY COMPANY,
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No. 2:17-cv-01263-TLN-EFB
Plaintiff,
v.
ORDER DENYING APPLICATION
JOE’S LOGISTICS INC. d/b/a JOE’S
TRUCKING,
Defendant.
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This matter involves an insurance contract with Starr Indemnity where — in exchange for
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payment of premiums — insurance was provided for liabilities of Joe’s Logistics. Plaintiff Starr
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Indemnity (“Plaintiff”) filed suit on June 20, 2017. (Compl., ECF No. 1.) On July 20, 2017,
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Plaintiff filed an application to allow service of Defendant Joe’s Logistics (“Defendant”) upon the
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California Secretary of State pursuant to California Corporations Code § 1702(a). Plaintiff
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presents affidavits from the process server that explains the process server was unable to serve the
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corporations agent at his address. (ECF No. 4-4.) The process server attempted service at the
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address on nine separate occasions. (ECF No. 4-4 at 2–3.) On two occasions he was able to get
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to the front of the residence but on the remaining seven instances the gate to the property was
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closed and no one answered when the process server honked his car horn. (ECF No. 4-4 at 2–3.)
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Federal Rule of Civil Procedure 4(e)(1) allows individuals to serve parties in federal court
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by “following state law for serving a summons in an action brought in courts of general
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jurisdiction in the state where the district court is located or where service is made.” California
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law permits a person to serve a corporation through the California Secretary of State when the
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agent designated cannot with reasonable diligence be served under California Code of Civil
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Procedure § 415.30. Cal. Corp. Code § 1702(a). California Code of Civil Procedure§ 415.30
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allows a summons to be served by mail. Plaintiff does not state it attempted to serve Defendant
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by mail. Accordingly, Plaintiff does not meet the requirements of section 1702(a). Plaintiff’s
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application to serve Defendant through the California Secretary of State is hereby DENIED.
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IT IS SO ORDERED.
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Dated: July 24, 2017
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Troy L. Nunley
United States District Judge
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