Order for Publication

Useful Resources for Application for Order for Publication

Recent Rulings on Application for Order for Publication

CAROLYN RAMIREZ VS ROBERT RAMIREZ ET AL

(CCP § 415.50(a), (b).) Cross-Complainant obtained an Order for Publication on February 24, 2020, and filed proof of publication on July 10, 2020, showing publication of the First Amended Cross-Complaint Summons, as well as Statement of Damages, properly for four subsequent weeks on 04/15/2020, 04/22/2020, 04/30/2020, and 05/06/2020. (CCP § 415.50(c); Govt. Code § 6064.) Cross-Complainant then filed proof of service of the Summons and Statement of Damages on August 19, 2020.

  • Hearing

    Jan 15, 2021

  • Type

    Real Property

  • Sub Type

    Quiet Title

PEOPLE OF THE STATE OF CALIF VS SOUTHSIDE CHIQUES

Here, there is no showing that the associations appeared (they were defaulted), and the People have not yet shown service compliant with §416.40, or 415.50. The Southside Chiques and Colonia Chiques are unincorporated associations under Corp. Code §18220. There is no evidence that service of the Motions have been effected on the unincorporated associations, or any individual bound by Injunctions. In People ex rel. Reisig v.

  • Hearing

    Jan 12, 2021

  • Type

    Insurance

  • Sub Type

    Intellectual Property

STATE OF CALIFORNIA VS COLONIA CHIQUES

Here, there is no showing that the associations appeared (they were defaulted), and the People have not yet shown service compliant with §416.40, or 415.50. The Southside Chiques and Colonia Chiques are unincorporated associations under Corp. Code §18220. There is no evidence that service of the Motions have been effected on the unincorporated associations, or any individual bound by Injunctions. In People ex rel. Reisig v.

  • Hearing

    Jan 12, 2021

  • Type

    Insurance

  • Sub Type

    Intellectual Property

RIGOBERTO QUINTANA VS AUGUSTIN HERNANDEZ ET AL

On 11/6/19, Plaintiff filed an Order for Publication that was rejected on that same date. To date, Plaintiff has not filed proof of service of summons and complaint on Defendant. On 2/26/20, the held an Order to Show Cause (“OSC”) Re: Dismissal for Failure to Serve and Failure to File Proof of Service and OSC Re: Dismissal for Failure to Enter Default.

  • Hearing

    Jan 08, 2021

(FOR CLERK'S USE ONLY)

(See Code of Civil Procedure, §§ 415.10-415.50.) Service of summons is a jurisdictional requirement, 1This Department intends to comply with the time requirements of the Trial Court Delay Reduction Act (Government Code, §§ 68600–68620). The California Rules of Court state that the goal of each trial court should be to manage limited and unlimited civil cases from filing so that 100 percent are disposed of within 24 months. (Ca. St. Civil Rules of Court, Rule 3.714(b)(1)(C) and (b)(2)(C).

  • Hearing

    Jan 07, 2021

CARR VS VACA

The Court approved Plaintiffs' application to serve process by publication, but Plaintiffs still must comply with C.C.P. sections 415.50, 417.10, 417.30, 763.020 and 763.040. (See also, Judicial Council form POS-010.) The Court acknowledges the exhibits attached to the Declaration of Counsel, purporting that publication notices were published, but Plaintiffs are required to adhere to the above-mentioned code sections and file a proof of service of summons.

  • Hearing

    Jan 07, 2021

  • Type

    Real Property

  • Sub Type

    other

MORGAN STANLEY SMITH BARNEY LLC VS VERONIKA VOSS

On September 4, 2020, an Order for Publication for Veronika Voss was signed and filed. On October 13, 2020, Petitioner filed a Proof of Publication. Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”

  • Hearing

    Jan 05, 2021

SWIFT FINANCIAL, LLC VS MND ENGINEERING INC., A CALIFORNIA CORPORATION, ET AL.

On 11/12/20, Petitioner obtained an Order for Publication allowing it to serve Daniel Vallin and Alida Vallin with the petition by publication in Metropolitan News-Enterprise. Petitioner has not filed evidence that it complied with the order for publication (no evidence of publication in Metropolitan News-Enterprise for four successive weeks). Proof of service was required to be filed at least five court days before the hearing (12/9/20). CRC 3.1300(c).

  • Hearing

    Dec 16, 2020

SABINA VALENCIA VS HECTOR FRIAS ET AL

Upon review of the docket, it appears that the Order for Publication signed and filed on March 9, 2020 also reflects the incorrect name, as it is as to “Azusa Enterprise,” who is not a party to this action. Accordingly, Plaintiff will be required to file another Application for Publication with the correct name of Defendant Azusa Enterprises. Based on the foregoing, Plaintiff’s request for entry of default judgment is DENIED without prejudice.

  • Hearing

    Dec 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FABIOLA AVENDANO V. JAMES T. MCCORD, ET AL.

The Court CCP §415.50 permits a Summons to be served by publication; this request should be granted.

  • Hearing

    Dec 01, 2020

SIMPSON LAW GROUP LLP VS. MYRICK

Plaintiff obtained an order for publication of summons in March of 2019, and eventually obtained entry of default judgment in an amount of $180,874.58, on January 15, 2020. ROA # 61, 82. Defendant now moves to set aside or vacate the default judgment. Discussion Lack of notice under CCP § 473.5 CCP section 473.5 is designed to provide relief where proper service (such as by publication) is completed but the defendant nevertheless shows he did not have actual notice in time to defend against it.

  • Hearing

    Oct 29, 2020

  • Type

    Contract

  • Sub Type

    Breach

LANDAS V. LLANERA, ET AL.

Explanation: Where publication is ordered, it is governed by Code of Civil Procedure section 415.50, and is subject to the following conditions: (1) posting, within 10 days after the order is issued, of a copy of the summons in a conspicuous place on the property (2) recordation of a lis pendens; and (3) the publication must include a description of the property by both street address or common designation and legal description, if any. (Code Civ. Proc. § 763.020.)

  • Hearing

    Oct 27, 2020

  • Type

    Real Property

  • Sub Type

    other

416-424 1/2 N. FAIRFAX AVE., LLC VS KILLION ESTATE, LLC

THE COURT’S OCTOBER 7, 2019 ORDER FOR PUBLICATION IS HEREBY STRUCK. ANALYSIS: Plaintiff 416-424 1/2 N. Fairfax Ave., LLC (“Plaintiff”) filed the instant action for breach of lease agreement against Defendants Killion Estate, LLC and Kaner Apelacio (“Defendants”) on December 15, 2017. On July 17, 2018, the Court rejected Plaintiff’s Application for Service by Publication.

  • Hearing

    Oct 22, 2020

  • County

    Los Angeles County, CA

KING V. HASSELL

The Judicial Council Comments on Code of Civil Procedure section 415.50 state: “The term ‘reasonable diligence’ takes its meaning from the former law: it denotes a thorough, systematic investigation and inquiry conducted in good faith by the party or his agent or attorney.” Those Comments also state “The plaintiff himself need not execute the affidavit. Affidavits of several persons having personal knowledge of the pertinent facts are appropriate under various circumstances.”

  • Hearing

    Oct 19, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

ROBERT K. HOLMES, ET AL. VS DANIEL GRAY

The Court notes that on July 15, 2020, Petitioners filed an Order for Publication that was rejected because it was not accompanied by an Application for Service by Publication. (Order for Publication; Notice of Rejection of Electronic Filing, filed 7/15/20.) It appears that Petitioners intended to serve Respondent by publication but have not made any further attempt at service in the last four months.

  • Hearing

    Oct 14, 2020

  • County

    Los Angeles County, CA

VASKAN DARIAN, ET AL. VS EDMOND ASLAN, ET AL.

(see Order for Publication Defendant Edmond Aslan in Metropolitan News filed on 01/9/20.) The Court further ordered “that a copy of said Summons and Complaint in this action be forthwith deposited in the United States Post Office, postage prepaid, directed to said Defendant, if his address is ascertained before expiration of the time prescribed for the publication of this Summons.” (Id.)

  • Hearing

    Oct 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

L.A.U.S.D. VS. GINA ADELMAN, ET AL

This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

  • Hearing

    Sep 30, 2020

MARIA SANDOVAL VS HECTOR URIEL MARTINEZ

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

    Sep 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BBR INVESTMENTS, LLC VS. LILY KIDS CORPORATION

., § 415.50 (a). Plaintiff BBR Investments LLC’s Motion to Serve Defendant Lily Kids Corporation via service on the Secretary of State is GRANTED. Plaintiff complied with Corp. Code, § 1702 (b).

  • Hearing

    Sep 14, 2020

CERRITOS AUTO CENTER, INC. VS MOHAMMAD HAMEED KHAN, ET AL.

Substituted service on an individual defendant is authorized when the defendant cannot with reasonable diligence by personally served (CCP §§ 415.20(b), 415.50(e); Burchett v. City of Newport Beach (1995) 33 Cal. App. 4th 1472, 1477-1478).

  • Hearing

    Sep 09, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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

Magpapian in Support of Application for Order for Publication of Summons filed on April 4, 2019 and July 10, 2019, are to be SEALED and Plaintiff is to refile redacted versions of the declarations within ten (10) days of this order.

  • Hearing

    Sep 03, 2020

RATAJCZAK V. GATES, GONTER, GUY, PROUDFOOT & MUENCH

Plaintiff’s (Agata Ratajczak) Motion for Monetary Award Under CCP 415.50 (Motion), filed on 8-5-20 under ROA No. 58, is DENIED. Code of Civil Procedure section 415.30 states in part, “(a) A summons may be served by mail as provided in this section.

  • Hearing

    Sep 01, 2020

JOEL ZUNIGA LOPEZ VS. NOELL SLADE

(See CCP § 415.50(a) & (b) [order to allow service by publication requires a showing of reasonable diligence and should order publication in newspaper most likely to give actual notice].) The default entered on September 10, 2018 and default judgment entered on May 2, 2019 are SET ASIDE. Intervenor USAA is ordered to efile with the Court within five days hereof a separate executed copy of its attached Answer in Intervention and to fully comply with CCP § 387(e).

  • Hearing

    Aug 28, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

CEJA-SANDOVAL VS. KIMBER

(b)); (3) service by mail coupled with a notice and acknowledgment of receipt (§ 415.30); and (4) service by publication (§ 415.50). (See Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial, supra, ¶¶ 4:180–4:181.) The Proof of Service filed indicates that Dr. Kimber was “personally served”. (ROA 29) However, she testifies that she found a copy of the Summons and Complaint on her desk on 1/13/20. (Kimber M.D. Decl., ¶4.) Dr. Kimber was not personally served with the Summons and Complaint.

  • Hearing

    Aug 27, 2020

MOJAB V. LINEBERGER, ET AL.

(b)); (3) service by mail coupled with a notice and acknowledgment of receipt (§ 415.30); and (4) service by publication (§ 415.50). (See Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial, supra, ¶¶ 4:180–4:181.)

  • Hearing

    Aug 21, 2020

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