Order for Publication

Useful Rulings on Application for Order for Publication

Recent Rulings on Application for Order for Publication

JOSE VAZQUEZ , ET AL. VS ALMA HERNANDEZ , ET AL.

On February 28, 2020, the court granted Plaintiffs’ application for order for publication of summons with respect to Defendant Hernandez. On April 22, 2020, Plaintiffs filed proof of service by publication with respect to Defendant Hernandez. On May 26, 2020, the court entered Defendant Hernandez’s default. On May 29, 2020, Plaintiffs filed a first amended complaint for the same causes of action specified above, adding Ana Maiphuong Tran as a Defendant.

  • Hearing

    Jun 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

MARIA SANDOVAL VS HECTOR URIEL MARTINEZ

On August 23, 2019, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for: Breach of Contract Common Counts Fraud On February 18, 2020, an Order for Publication was filed; On March 24, 2020, a Declaration of Publication was filed. On May 12, 2020, Defendant’s default was entered. A Case Management Conference is set for June 24, 2020. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted: 1.

  • Hearing

    Jun 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS VINCENT SANTOS SALAZAR, ET AL.

On August 22, 2019, Plaintiff obtained an Order for Publication as to Defendant Ayala. On October 30, 2019, Defendant Ayala filed an Answer. On November 1, 2019, Plaintiff filed the instant Motion for Order Sealing Record (the “Motion”). To date, no opposition has been filed. Legal Standard A party requesting that a record be filed under seal must file a motion or application for an order sealing the record. (Cal. Rules of Court, rule 2.551, subd. (b)(1).)

  • Hearing

    Jun 23, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS VINCENT SANTOS SALAZAR, ET AL.

On August 22, 2019, Plaintiff obtained an Order for Publication as to Defendant Ayala. On October 30, 2019, Defendant Ayala filed an Answer. On November 1, 2019, Plaintiff filed the instant Motion for Order Sealing Record (the “Motion”). To date, no opposition has been filed. Legal Standard A party requesting that a record be filed under seal must file a motion or application for an order sealing the record. (Cal. Rules of Court, rule 2.551, subd. (b)(1).)

  • Hearing

    Jun 23, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

PARTNERS FEDERAL CREDIT UNION VS TRAVIS LOWE

On November 9, 2019, Plaintiff obtained an Order for Publication to serve Defendant with the Summons and Complaint. (11/6/19 Order.) Proof of Publication was filed on December 17, 2019. A hearing for Order to Show Cause re: Entry of Default/Default Judgment (the “OSC Hearing”) was scheduled for February 20, 2020. After the matter was placed on second call, and there being no appearances by either side by 11:28 a.m., the Court dismissed the action without prejudice. (2/20/20 Minute Order.)

  • Hearing

    Jun 22, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

COLIN STOKES VS WEIGUAN HUA

First, as section 415.50, subdivision (a)(1), quoted above, states, an application for service by publication requires an evidentiary showing that a cause of action exists against Hua. A declaration from someone with personal knowledge of the underlying facts is a jurisdictional prerequisite to the issuance of the order for publication. (Olvera v. Olvera (1991) 232 Cal.App.3d 32, 42, fn. 9.) The form application completed by plaintiff’s counsel identifies that requirement, but no declaration was attached.

  • Hearing

    Jun 17, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

CLAIRE GROOME AND ERIC GROOME

Nature of Proceedings: Request for DVRO; Status Report filed 5/21 by Marcus Morales for Petitioner and reports: On January 8, 2020, Petitioner filed a Petition for Dissolution of Marriage, a Summons and a Request for Domestic Violence Restraining Order with minor children (“DVRO”) against Respondent; attempts to serve Eric were not successful; got an order for publication; due to the delay in publication caused by a lack of clear communication by The Santa Barbara Independent, requests that the DVRO request

  • Hearing

    Jun 02, 2020

(NO CASE NAME AVAILABLE)

When service of the Summons and Complaint is by publication, the judgment may be deemed facially invalid if the affidavit in support of service by publication failed to show reasonable diligence: An order for publication of summons, based solely upon a finding that the defendant ‘cannot after due diligence be found within this state,’ is void when the affidavit which constituted the evidence in support of that finding does not contain any evidence tending to prove any diligent effort to find the defendant.

  • Hearing

    Mar 16, 2020

(NO CASE NAME AVAILABLE)

Having reviewed the declarations filed in support of the application for publication, the Court agrees that they fails to demonstrate “reasonable diligence” in serving Defendant by other means, as required by Code of Civil Procedure section 415.50, subdivision (a).

  • Hearing

    Mar 10, 2020

CREDIT LENDING VS BARROSO

An application for an order for publication was filed on 2/28/20 and is under review.

  • Hearing

    Mar 09, 2020

  • Judge

    Genalin Riley

  • County

    Ventura County, CA

CREDIT LENDING VS HALL

An application for an order for publication was filed on 2/28/20, and is under review.

  • Hearing

    Mar 09, 2020

  • Judge

    Genalin Riley

  • County

    Ventura County, CA

MISAEL ESPINOZA,ET AL. V. ALAN RAYMOND EWING

This includes the establishment of the existence of a cause of action or an interest in property, which is a jurisdictional prerequisite to the issuance of an order for publication. (Harris v. Cavasso (1977) 68 Cal.App.3d 723, 726.) The court in Harris found that an attorney’s affidavit that was devoid of any facts from which the trial court could draw the conclusion that a cause of action existed against defendants was insufficient.

  • Hearing

    Mar 03, 2020

MEHRARA VS PETERSON

On March 29, 2019, this Court executed an Order for Publication of Summons/Citation directing that defendant Cynthia Petersen could be served by publication in the Uptown San Diego Examiner (a newspaper of general circulation published in San Diego, California) and/or by publication in the Daily Journal of Commerce (a newspaper of general circulation in Seattle, Washington). (ROA 23.)

  • Hearing

    Feb 27, 2020

  • Type

    Contract

  • Sub Type

    Breach

MEHRARA VS PETERSON

On March 29, 2019, this Court executed an Order for Publication of Summons/Citation directing that defendant Cynthia Petersen could be served by publication in the Uptown San Diego Examiner (a newspaper of general circulation published in San Diego, California) and/or by publication in the Daily Journal of Commerce (a newspaper of general circulation in Seattle, Washington). (ROA 23.)

  • Hearing

    Feb 27, 2020

  • Type

    Contract

  • Sub Type

    Breach

KAYE V. CALTRANS 2-28-20

Plaintiffs' Motion to Service Defendant Poquette by Publication is granted as prayed pursuant to CCP '415.50. Moving party's attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. This is the Court's tentative ruling.

  • Hearing

    Feb 25, 2020

  • Judge

    Dept. 6

  • County

    Nevada County, CA

MATTER OF CARRARI FAMILY TRUST

., § 415.50, subd. (a).) Certainly, the petition to remove her was not sent until January 3, 2019, and she could potentially have raised an objection that she had received insufficient notice of the petition to be able to address it at the January 15, 2019 hearing. However, to the extent any such objection existed, it is waived if the objecting party does anything other than stand on the objection and request a continuance. (See Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1288.)

  • Hearing

    Feb 20, 2020

NAVY FEDERAL CREDIT UNION VS PROTEUS E. SPANN, ET AL.

On June 3, 2019, the Court issued an Order for Publication of the Summons and Complaint as to Defendants in the Los Angeles Daily Journal (6/3/19 Orders.) On July 18, 2019, a Proof of Publication was filed. On August 29, 2019, default was entered as to both Defendants. On September 19, 2019, Defendant Spann filed the instant Motion to Set Aside Entry of Default (the “Motion”).

  • Hearing

    Feb 20, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

AMERICAN EXPRESS VS GARDEN

An Order for Publication of Summons was filed on 1/28/20. Notice to be provided by plaintiff once defendant files a response.

  • Hearing

    Feb 07, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • Judge

    Genalin Riley

  • County

    Ventura County, CA

ANCHOR GENERAL INSURANCE CO. VS OCTAVIO MARIN-CRUZ

(Order for Publication, filed 10/24/18.) Proof of publication was filed on December 28, 2018. (Proof of Publication, filed 12/28/18.) The Motion offers no argument as to why the service by publication was improper. (Motion, p. 6:3-16.) Its contention that Defendant was not personally served has no bearing on the propriety of other methods of service. Equitable Relief Defendant also moves for equitable relief from the entry of default and default judgment.

  • Hearing

    Feb 05, 2020

MARVIN RODRIGUEZ VS ALIREZA MAZAHERI

If factual allegations in support of a Section 415.50 application for service by publication are proved false, an order for publication based on it may be set aside. (See Transamerica Title Ins. Co. v. Hendrix (1995) 34 Cal.App.4th 740, 746.) In its motion, Defendant argues that Plaintiff, in doing his due diligence, should have researched and discovered that Defendant’s last known address was 1001 East Playa Del Norte Drive #3227 in Tempe, Arizona. (Vinje Decl., ¶ 6-7, Exh. C.)

  • Hearing

    Jan 31, 2020

UNIFUND CCR LLC VS. MYRNA CHAVIRA

Documents in support of an order for publication were submitted on 1/3/20 and are under review.

  • Hearing

    Jan 24, 2020

  • Judge

    Genalin Riley

  • County

    Ventura County, CA

(NO CASE NAME AVAILABLE)

Despite the denial of the Motion to Vacate the June 14, 2019 Dismissal, Plaintiffs filed an Order for Publication on August 22, 2019, which the Court signed in error. Plaintiff then filed the instant Motion for Reconsideration on August 23, 2019. To date, no opposition has been filed. Discussion The Court hereby strikes the erroneous Order for Publication signed on August 22, 2019. Plaintiffs now move for reconsideration of the order denying their motion to vacate the June 14, 2019 dismissal.

  • Hearing

    Jan 09, 2020

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

SOLTERO V. NOVIKOFF

CCP '415.50(a) provides, in pertinent part: 'A summons may be served by publication if upon affidavit 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'' In the present case, the sole declaration in support of the motion was not made on personal knowledge.

  • Hearing

    Jan 08, 2020

  • Judge

    Dept. 6

  • County

    Nevada County, CA

MISAEL ESPINOZA,ET AL. V. ALAN RAYMOND EWING

CCP § 415.50(a) provides: “A summons may be served by publication if upon affidavit 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 that … 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.” “[T]he requisites for service by publication must be strictly construed.” Monterey S. P.

  • Hearing

    Jan 07, 2020

MARVIN RODRIGUEZ VS ALIREZA MAZAHERI

If factual allegations in support of a Section 415.50 application for service by publication are proved false, an order for publication based on it may be set aside. (See Transamerica Title Ins. Co. v. Hendrix (1995) 34 Cal.App.4th 740, 746.) In its motion, Defendant argues that Plaintiff, in doing his due diligence, should have researched and discovered that Defendant’s last known address was 1001 East Playa Del Norte Drive #3227 in Tempe, Arizona. (Vinje Decl., ¶ 6-7, Exh. C.)

  • Hearing

    Jan 07, 2020

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