arrow left
arrow right
  • CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ASBESTOS document preview
  • CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ASBESTOS document preview
  • CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ASBESTOS document preview
  • CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ASBESTOS document preview
  • CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ASBESTOS document preview
  • CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ASBESTOS document preview 
						
                                
Preview

                                BRAYTON@PURCELL LLP

ATTORNEYS AT LAW

222 RUSH LANDING ROAD

PO BOX 6169

NOVATO, CALIFORNIA 94948-6169

(415) 898-1855

oO em DW RH RB BH Ne

NN RP RM NR RR ND Re em at
on A A RP LH = SO wm RAW WN = OD

DAVID R. DONADIO, ESQ., S.B. #154436
NANCY T. WILLIAMS, ESO, S.B. #201095

BRAYTON@PURCELL LLP ELECTRONICALLY
Attorneys at Law ,
222 Rush Landing Road F ILE D .
P.O. Box 6169 Sper Gout of Cai
Novato, California 94948-6169
(415) 898-1555 MAY 09 2011
Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com Clerk of the Court
BY: JUDITH NUNEZ
Attorneys for Plaintiff Deputy Clert
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CHARLES HUSBAND, ASBESTOS
No. CGC-09-275098
Plaintiff,
EX PARTE APPLICATION FOR ORDER
vs. DIRECTING SERVICE OF SUMMONS
ON DEFENDANT MARINE
ASBESTOS DEFENDANTS (B+P} } ENGINEERING AND SUPPLY
/ COMPANY, BY DELIVERY OF
PROCESS TO SECRETARY OF STATE
[C.C.P. § 416.20(b); Corp, Code § 2011(b);
Former Corp. Code § 3305]
Date: May 10, 2011
Time: 11:00 am.
Dept.: 220, Hon. Harold E. Kahn
Trial Date: None Set
Filing Date: March 2, 2009
Application is hereby made for an Order directing that process in the above-entitled
action be served on defendant MARINE ENGINEERING AND SUPPLY COMPANY,

(hereafter "defendant"), a dissolved corporation, by personally delivering to the California
Secretary of State, or to an assistant or deputy Secretary of State, two copies of the
BraytonPurcell LLP Master Complaint, together with two copies of the Order herein requested.
Ht

fit

Mt

KAlnjuredh 1058 SiplhAPP-EX PARTE SRV CASOS. wp 1
EX PARTE APPLICATION FOR R DIRECTING SERVICE OF SUMMONS ON DEFENDANT MARINE ENGINEERING AND

ORDE}
SUPPLY COMPANY, BY DELIVERY OF PROCESS TO SECRETARY OF STATEoO wm ND HA FF BH DY

1
LEGAL ARGUMENT

C.C.P. § 416.20 states that a summons may be served on a corporation which has
forfeited its charter to do business or has been dissolved.

C.C.P. § 416.20(b), by reference to Corp. Code § 2011, provides that service may be
made upon a dissolved corporation by personal delivery to the Secretary of State or to an
assistant or deputy Secretary of State of the Summons, Complaint and the Order.

Under C.C.P. § 416.20(b) and Corp. Code § 2011(b), this Court may order that Summons
or other process be served upon defendant by personally delivering a copy thereof, together with
a copy of the Order, to the Secretary of State or an assistant or deputy Secretary of State.

Corp. Code § 2011 became effective January 1, 1977. This Court may still order that
service upon defendant be made by personally delivering a copy thereof to the Secretary of State
pursuant to the former Corp. Code § 3305. A true and correct copy of the text of former .

Corp. Code § 3305 is attached to the accompanying request for judicial notice. Former

Corp. Code § 3305 states in relevant part:
Summons or other process against a corporation dissolved on or
after August 14, 1929, may be served by delivering a copy thereof
to an officer, director, or other person having charge of its assets, -
or if no such person can be found, to any agent upon whom process
might be served at the time of dissolution. If none of such persons
can be found with due diligence and it is shown to the satisfaction
of the court or judge, then the court or judge may make an order
that summons or other process be served upon the dissolved
corporation by delivering a copy thereof, together with a copy of
the order, to the Secretary of State or to an assistant or deputy
secretary of state.

Under Corp. Code § 2011 and former Corp. Code § 3305 service of summons by delivery
of process to the Secretary of State is proper where no person having charge of the assets of a
dissolved corporation is found in the exercise of due diligence. As set forth in the accompanying
declaration of Montie Derby, filed herewith, all persons having charge of such assets are
if
Mi

ie

K Aipjured\ 088 Sgk\APP-BX PARTE SRV CASOS wd 2
EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF SUMMONS ON DEFENDANT MARINE ENGINEERING AND
SUPPLY COMPANY, BY DELIVERY OF PROCESS TO SECRETARY OF STATEoD eR RH R WN

now deceased, and plaintiff has not been able to locate any such other person in the exercise of
due diligence. (See Declaration of Montie Derby, filed herewith.)
Dated: g Le Mt BRAYTON*PURCELL LLP

By:

ancy T. Williams
Attorneys for Plaintiff

K Nlalucedh i081 Sgld\APP-EX PARTE SRV CASOS.wpd 3.

EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF SUMMONS ON DEFENDANT MARINE ENGINEERING AND
SUPPLY COMPANY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE