Order for Publication

Useful Rulings on Application for Order for Publication

Recent Rulings on Application for Order for Publication

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

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

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

KOUSA INTERNATIONAL, LLC VS KEJRIWAL NEWSPRINT MILLS LLC

., § 415.50, Government Code § 6064.) Entry of Default: Default was entered on May 13, 2020. The Declaration of Mailing indicates that the Request for Entry of Default was served on Defendant by mail at 10 West 46th Street, 19th Floor, New York, New York, 10036. This is the same address which appears on Plaintiff’s Application for Publication as Defendant’s principal place of business. This is sufficient to meet the statutory requirements of Code of Civil Procedure § 587. SUBMITTED DOCUMENTS: (Cal.

  • Hearing

    Aug 19, 2020

  • Type

    Contract

  • Sub Type

    Breach

TREE OF LIFE MISSIONARY BAPTIST CHURCH ET AL VS JOSELUIS DE

., § 415.50, Government Code § 6064.) Entry of Default: Default was entered on December 30, 2019. Plaintiffs’ Declaration of Mailing indicates that the Request for Entry of Default was not served on Defendant because his address is unknown. This is sufficient to meet the statutory requirements of Code of Civil Procedure § 587. SUBMITTED DOCUMENTS: (Cal.

  • Hearing

    Aug 14, 2020

BMO HARRIS BANK N.A., A NATIONAL BANKING ASSOCIATION VS CANY TRADING INC., A CALIFORNIA CORPORATION, ET AL.

However, the court rejected Plaintiff’s electronic filing of the order for publication. The court has not granted an order for publication. On July 21, 2020, Plaintiff filed an application for order for service of summons and complaint on Secretary of State with respect to Defendant Cany Trading Inc. The court has not granted this application. Because Plaintiff has not shown service of the summons, complaint, and writ of possession papers, the applications must be denied. (CCP § 512.030.)

  • Hearing

    Aug 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

NATIVIDAD L. MENDOZA VS ROBERT P. MANIACI

Given this knowledge, Plaintiff was required to mail a copy of the summons, the complaint, and order for publication to Defendant at the Huntington Beach address and file a declaration of mailing of such pursuant to CCP section 415.50(b) and the Court’s Order for Publication.

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

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”), in pro per.

  • Hearing

    Aug 03, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

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”), in pro per.

  • Hearing

    Aug 03, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

PG&E VS. SAN RAMON

The Failure To Seek An Order For Publication. A-1. Petitioner’s Failure Violated The Statutory Scheme. The Court agrees with the District’s argument that PG&E was required to seek an order for publication as a necessary threshold step in perfecting service. (Code Civ. Proc., § 861 and § 863.)

  • Hearing

    Jul 23, 2020

NANCI YOHANA MARTINEZ VS CHE KEN LI, ET AL.

., § 415.50, subd. (b) (requiring publication to be in a newspaper “most likely to give actual notice to the party to be served”]; see also Olvera v. Olvera (1991) 232 Cal.App.3d 32, 42 [finding publication in a city to be ineffective because the plaintiff actually knew of the defendant residing in another city].) Accordingly, the Court now turns to the issue of whether the personal service was proper. There is no dispute that Plaintiffs are interested parties in this action.

  • Hearing

    Jul 21, 2020

ETNA MICAELA OVALLE ESCOBAR VS DAESUNG MODE INC ET AL

It also became clear to the Court that counsel’s previous statement at the May 29th hearing – that the order for publication went through on May 28th – was incorrect. In fact, the Order for Publication was only granted on July 23, 2019. Dispute the Court’s prior statement, the Court chose not to dismiss the case; instead, the court again continued the CMC. At the fifth CMC on October 16, 2019, counsel reported that the Defendants had been served by publication the previous day.

  • Hearing

    Jul 17, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

(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

    Jul 16, 2020

INTERINSURANCE EXCHANGE OF THE AUTO CLUB VS THOMAS WILLIAM L

Further, Plaintiff has multiple applications for an order for publication on 10/30/19 and 11/15/19, which were rejected. On 1/21/20, the court called the case for trial. No party appeared, and the court dismissed the case. At this time, Plaintiff moves to vacate the dismissal. On 6/15/20, Plaintiff filed the instant motion to vacate dismissal. Plaintiff’s attorney declares the failure to appear at the trial was because Plaintiff’s counsel mistakenly did not input the date into its calendar.

  • Hearing

    Jul 16, 2020

HERMAN YEE VS ANN HON

On April 28, 2009, an Order for Publication was filed as to Yee. On June 1, 2009, Proof of Publication was filed as to Yee. On August 28, 2009, Yee’s default was entered. On September 21, 2009, Hon and Lai dismissed All Persons without prejudice. On September 21, 2009, Interlocutory Judgment for Partition by Sale was filed.

  • Hearing

    Jul 14, 2020

  • Type

    Real Property

  • Sub Type

    other

WRITERS GUILD OF AMERICA WEST INC VS CITIZEN JANE PRODUCTION

for publication; and · Document 11: March 6, 2020 remittitur in Second District Court of Appeal case number B293472.

  • Hearing

    Jul 14, 2020

WRITERS GUILD OF AMERICA WEST INC VS CITIZEN JANE PRODUCTION

for publication; and · Document 11: March 6, 2020 remittitur in Second District Court of Appeal case number B293472.

  • Hearing

    Jul 14, 2020

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

1 2 3 4 5 6 7 8 9 10 ... 33     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.