Preview
1 Barry L. Goldner, SBN 107126
R. Jeffrey Warren, SBN 266454
2 KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
3 10000 Stockdale Highway, Suite 200
Bakersfield, CA 93311
4 Telephone: 661-395-1000
Facsimile: 661-326-0418
5 Email: bgoldner@kleinlaw.com
jwarren@kleinlaw.com
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Attorneys for Plaintiff SIGI TEHACHAPI, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF KERN, METROPOLITAN DIVISION
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11 SIGI TEHACHAPI, LLC, a Texas Limited Case No. BCV-23-103832
Liability Company,
12 EX PARTE APPLICATION FOR AN
ORDER AUTHORIZING SERVICE ON
13 Plaintiff, (1) CLEARVISTA RANCH LLC, A
CALIFORNIA LIMITED LIABILITY
14 v. COMPANY, AND (2) CLEARVISTA
ENERGY, LLC, A CALIFORNIA
15 CLEARVISTA RANCH LLC, a California LIMITED LIABILITY COMPANY,
Limited Liability Company; THROUGH THE CALIFORNIA
16 CLEARVISTA ENERGY, LLC, a California SECRETARY OF STATE;
Limited Liability Company; MEMORANDUM OF POINTS AND
17 ALL PERSONS UNKNOWN CLAIMING BY, AUTHORITIES; AND DECLARATION
UNDER, OR THROUGH CLEARVISTA OF R. JEFFREY WARREN IN
18 SUPPORT OF MOTION
ENERGY LLC;
19 ALL PERSONS UNKNOWN, CLAIMING ANY Assigned to: Hon. Gina M.
LEGAL OR EQUITABLE RIGHT, TITLE, Cervantes
20 ESTATE, LIEN, OR INTEREST IN THE Div.: L
PROPERTY DESCRIBED IN THE COMPLAINT
21 ADVERSE TO PLAINTIFF’S TITLE, OR ANY
CLOUD ON PLAINTIFF’S TITLE THERETO;
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and DOES 1 through 50, inclusive,
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Defendants.
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25 Plaintiff, SIGI TEHACHAPI, LLC, a Texas Limited Liability Company (“SIGI”), will
26 and hereby does, apply for an Order authorizing service of the Summons and Complaint
27 associated with the above-captioned action upon on the Secretary of State for defendants: (i)
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
1 CLEARVISTA RANCH LLC, a California Limited Liability Company; and (ii) CLEARVISTA
2 ENERGY, LLC, a California Limited Liability Company.
3 This application is based on California Corporations code § 17701.16(c); the attached
4 Memorandum of Points and Authorities; the attached declaration of R. Jeffrey Warren; all records
5 and documents in the Court’s file on this case; any matter upon which the Court may take judicial
6 notice; and upon such oral arguments as the Court may entertain at the time of hearing on this
7 matter.
8 Dated: November 29, 2023 KLEIN, DENATALE, GOLDNER
COOPER, ROSENLIEB & KIMBALL, LLP
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10 By: ___________________________________
BARRY L. GOLDNER
11 R. JEFFREY WARREN
Attorneys for Plaintiff SIGI TEHACHAPI,
12 LLC
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 By this application, SIGI seeks authorization to serve, by service on the Secretary of State,
3 defendants: (i) CLEARVISTA RANCH LLC, a California Limited Liability Company; and (ii)
4 CLEARVISTA ENERGY, LLC, a California Limited Liability Company.
5 I. Statement of Facts
6 This action concerns two parcels of vacant land located in Kern County, California: Kern
7 County APN 223-052-11 (“Parcel 1”) and APN 223-052-09 (“Parcel 2”) (together, the
8 “Property”). (Complaint, ¶ 1. 1) SIGI is the current owner of the Property. (Id., ¶ 2, Ex. A to
9 Complaint.)
10 SIGI desires to gift a number of parcels of real property, including the Property, to
11 Southern Methodist University. (Complaint, ¶ 3.) In preparation for making the charitable gift, in
12 June 2023, counsel for SIGI obtained a Preliminary Title Report from First American Title
13 Company for the parcels to be included in the anticipated gift. (Id., ¶ 4.) The Preliminary Title
14 Report identified two recorded memoranda of leases (Kern County Recorder Doc. Nos.
15 214074623 and 214074624), purporting to affect title to the Property. (Id., Exs. B and C to
16 Complaint.) The existence of these purported encumbrances on title contradicted SIGI’s
17 understanding as to the state of title when SIGI acquired the property: SIGI had been informed
18 and believed, and continues to be informed and believes, that these encumbrances had been
19 extinguished by virtue of a 2015 foreclosure sale. (Id., ¶ 5.)
20 After reviewing the Preliminary Title Report, SIGI conferred with Southern Methodist
21 University. (Complaint, ¶ 6.) SIGI and Southern Methodist University agree and believe that the
22 leasehold interests documented by the memoranda of leases were extinguished by the 2015
23 foreclosure sale. (Ibid.) Under its belief that the leasehold interests were extinguished, Southern
24 Methodist University has agreed to accept the charitable gift, including the Property. (Ibid.)
25 Southern Methodist University has raised, however, concerns that a future buyer of the Property
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27 SIGI requests that the Court take judicial notice of the verified allegations of the Complaint (and
exhibits attached thereto) cited herein. Because the Complaint is verified and SIGI is requesting
28 judicial notice, these verified allegations are not included in the attached declaration.
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
1 may raise concerns regarding the validity of the leasehold interests. (Id., ¶ 7.) To that extent,
2 Southern Methodist University has required SIGI to obtain a judicial determination that the
3 leasehold interests, and the fee interest of the lessor, have been extinguished. (Ibid.)
4 SIGI seeks authorization to serve, by service on the Secretary of State, defendants: (i)
5 CLEARVISTA RANCH LLC, a California Limited Liability Company; and (ii) CLEARVISTA
6 ENERGY, LLC, a California Limited Liability Company.
7 Defendant CLEARVISTA RANCH LLC is a California limited liability company with its
8 principal place of business in Tarzana, California (“CLEARVISTA RANCH”). (Complaint, ¶
9 13.) CLEARVISTA RANCH was the fee owner of the Property at the time of the 2015
10 foreclosure sale, and is identified as the lessor in each of the Memoranda of Lease documents
11 purporting to encumber title. (Ibid.) CLEARVISTA RANCH has been suspended by the
12 California Franchise Tax Board since October 1, 2015, for failure to pay annual franchise taxes.
13 (Ibid.) On November 20, 21, and 22, 2023, SIGI attempted to personally serve CLEARVISTA
14 RANCH through its agent for service of process but was unsuccessful. (Declaration of R. Jeffrey
15 Warren, ¶ 4, Ex. A.) The address for CLEARVISTA RANCH’s agent for service of process,
16 Petar Mladenovic, 19234 Califa Street, Tarzana, CA 91356, is a residence located in a gated
17 community. (Ibid.) After three attempts at service, CLEARVISTA RANCH’s process server was
18 unable to gain access into the gated community. (Ibid.)
19 Defendant CLEARVISTA ENERGY, LLC, is a California limited liability company with
20 its principal place of business in San Francisco, California (“CLEARVISTA ENERGY”).
21 (Complaint, ¶ 14.) CLEARVISTA ENERGY is identified as the lessee in each of the Memoranda
22 of Lease documents purporting to encumber title. (Ibid.) CLEARVISTA ENERGY has been
23 suspended by the California Secretary of State since June 9, 2017, for failure to file annual
24 Statements of Information. (Ibid.) CLEARVISTA ENERGY has been suspended by the
25 California Franchise Tax Board since November 11, 2017, for failure to pay annual franchise
26 taxes. (Ibid.) On November 20, 2023, SIGI made an attempt to personally serve CLEARVISTA
27 ENERGY through its agent for service of process but was unsuccessful. (Declaration of R.
28 Jeffrey Warren, ¶ 5, Ex. B.) The address for CLEARVISTA ENERGY’s agent for service of
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
1 process, Troy Helming, 649 Mission Street, 5th Floor, San Francisco, CA 94105, was a shared
2 workspace that is currently shutting down. (Ibid.) CLEARVISTA ENERGY is not listed on the
3 directory. (Ibid.)
4 II. Argument: The Court should authorize service of the Summons and Complaint on
Defendants by substituted service on the Secretary of State because Defendants
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cannot, with reasonable diligence, be served in another manner.
6 Corporations Code Section 17701.16 supplements the provisions of the Code of Civil
7 Procedure for service upon limited liability companies. Section 17701.16, subdivision (b), permits
8 service of process on the limited liability company’s designated agent for service of process.
9 Further, “[a] suspended corporation may be sued, and service of process upon a suspended
10 corporation is effected in the same manner as service upon a corporation that is not suspended.”
11 (Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306.) Section 17701.16, subdivision
12 (c), permits service of process on the limited liability company through the Secretary of State
13 under certain circumstances. Section 17701.16, subdivision (c), provides:
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If an agent for service of process has resigned and has not been replaced or if the
15 designated agent cannot with reasonable diligence be found at the address
designated for personal delivery of the process, and it is shown by affidavit to the
16 satisfaction of the court that process against a limited liability company or foreign
17 limited liability company cannot be served with reasonable diligence upon the
designated agent by hand in the manner provided in Section 415.10, subdivision (a)
18 of Section 415.20, or subdivision (a) of Section 415.30 of the Code of Civil
Procedure, the court may make an order that the service shall be made upon a
19 domestic limited liability company or upon a registered foreign limited liability
company by delivering by hand to the Secretary of State.
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(Corp. Code, § 17701.16, subd. (c).)
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It is of no moment that CLEARVISTA RANCH and CLEARVISTA ENERGY are
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suspended by the Secretary of State and Franchise Tax Board. (Grell v. Laci Le Beau Corp.
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(1999) 73 Cal.App.4th 1300, 1306 [“[S]ervice of process upon a suspended corporation is
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effected in the same manner as service upon a corporation that is not suspended.”].)
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SIGI has satisfied the requirements of Section 17701.16 to seek an order authorizing
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service on CLEARVISTA RANCH and CLEARVISTA ENERGY through the Secretary of State.
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In the case of CLEARVISTA RANCH, the address for the designated agent for service of process
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
1 is inaccessible—SIGI will not be able to serve CLEARVISTA RANCH’s agent for service by
2 hand. In the case of CLEARVISTA ENERGY, the address provided for the designated agent is a
3 shared workspace and CLEARVISTA ENERGY is not on the directory—its designated agent
4 cannot be found there. Accordingly, SIGI seeks an Order authorizing substituted service of the
5 Summons and Complaint on the Secretary of State for defendants: (i) CLEARVISTA RANCH
6 LLC, a California Limited Liability Company; and (ii) CLEARVISTA ENERGY, LLC, a
7 California Limited Liability Company.
8 III. Conclusion
9 SIGI has been unsuccessful in its attempts to personally serve defendants agents for
10 service of process and the only manner to effectuate lawful service on these defendants is by
11 substituted service on the Secretary of State. The Court should grant SIGI’s application and
12 authorize substitute service as set forth in the concurrently-lodged proposed order.
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Dated: November 29, 2023 KLEIN, DENATALE, GOLDNER
14 COOPER, ROSENLIEB & KIMBALL, LLP
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By: ___________________________________
16 BARRY L. GOLDNER
R. JEFFREY WARREN
17 Attorneys for Plaintiff SIGI TEHACHAPI,
LLC
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
1 DECLARATION OF R. JEFFREY WARREN
2 I, R. JEFFREY WARREN, declare as follows:
3 1. I am a partner with the law firm Klein, DeNatale, Goldner, Cooper, Rosenlieb &
4 Kimball, LLP, counsel for Plaintiff in this action.
5 2. This declaration is based on my personal knowledge, and if called upon to testify
6 as to the facts set forth in this declaration, I could and would be able to competently testify to
7 them.
8 3. I make this declaration in support of SIGI TEHACHAPI, LLC’s (“SIGI”) Ex Parte
9 Application for Order Authorizing Substitute Service on the Secretary of State.
10 4. According to the California Secretary of State, CLEARVISTA RANCH’s agent
11 for service of process is Petar Mladenovic, 19234 Califa Street, Tarzana, CA 91356. The
12 building located at 19234 Califa Street, Tarzana, CA 91356, is a residence located in a gated
13 community. On November 20, 21, and 22, 2023, SIGI attempted to personally serve
14 CLEARVISTA RANCH through its agent for service of process but was unsuccessful. After
15 three attempts at service, CLEARVISTA RANCH’s process server was unable to gain access into
16 the gated community. A true and correct copy of the process server’s Declaration of Diligence is
17 attached hereto and incorporated herein as Exhibit A.
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
1 5. According to the California Secretary of State, CLEARVISTA ENERGY’s agent
2 for service of process is Troy Helming, 649 Mission Street, 5th Floor, San Francisco, CA 94105.
3 On November 20, 2023, SIGI made an attempt to personally serve CLEARVISTA ENERGY
4 through its agent for service of process but was unsuccessful. The building located at 649
5 Mission Street, 5th Floor, San Francisco, CA 94105, consisted of shared workspace that is
6 currently shutting down. CLEARVISTA ENERGY is not listed on the directory at 649 Mission
7 Street, 5th Floor San Francisco, CA 94105. A true and correct copy of the process server’s
8 Declaration of Diligence is attached hereto and incorporated herein as Exhibit B.
9 I declare under penalty of perjury under the laws of the State of California that the
10 foregoing is true and correct. Executed this 29th day of November, 2023, at Bakersfield,
11 California.
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13 _________________________________
R. JEFFREY WARREN
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#6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED
SERVICE ON SECRETARY OF STATE
Exhibit A
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY
R. Jeffrey Warren SBN 266454 (661) 395-1000
Klein, DeNatale, Goldner et al.
10000 Stockdale Hwy 200
Bakersfield, CA 93311
ATTORNEY FOR Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN - BAKERSFIELD
1215 Truxtun Ave.
Bakersfield, CA 93301
SHORT TITLE OF CASE:
SIGI TEHACHAPI, LLC v. CLEARVISTA RANCH LLC
DATE: TIME: DEP./DIV. CASE NUMBER:
BCV-23-103832
Declaration of Reasonable Diligence Ref. No. or File No:
21452-004
Person to Serve: CLEARVISTA RANCH LLC, a California Limited Liability Company
Documents Summons; Complaint; Notice of Case Assignment
Received:
I declare the following attempts were made to effect personal service, no other residence or business address is known to me:
Nov 20 2023 04:00 PM 19234 CALIFA STREET , TARZANA, CA 91356; Address given is a residence address, unable to gain
access, gated community, intercom broken.
Nov 21 2023 11:08 AM 19234 CALIFA STREET , TARZANA, CA 91356; Gated community. No access, no one to follow in or out.
Nov 22 2023 08:10 AM 19234 CALIFA STREET , TARZANA, CA 91356; Gated community. No access, no one to follow in or out.
Person attempting service:
a. Name: Jamie Figueroa
b. Address: Corporate Office: 5080 California Avenue Suite 425, Bakersfield, CA 93309
c. Telephone number: 888-514-5067
d. The fee for this service was: 182.50
e. I am an independent contractor:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Jam ie Figue roa Date: 11/22/2023
De claration of Re as onable Dilige nce Invoice #: 8616206
Exhibit B
ATTORNEY OR PARry WITHOUT ATTORNE/ (Narne and Address) TELEFHONE NUI,BER FOR COURT USE ONLY
R Jeffrey Warren SBN 266454 (661)395-1000
Klein, DeLlatale, Goldner et al.
10000 Stockdale Hwy 200
Bakersneld, CA 93311
ATTORNE/ FOR Plaintifi
SUPERIOR COURT OF CALIFORNIA COUNTYOF KERN - BAKERSFIELD
121 5 Truxtun A\€.
Bakersfeld. CA 93301
SHORT TTLE OFCASE:
SIGI TEHACHAPI, LLC V CLEARVSTA RAI']CH, LLC
OATE IlME D€P./Dir'. CASE NUMBER:
BCV-23-109832
Oeclaration of Reasonable EXligence Ref . M. or Flle l.bl
21452-cn4
Person to Serve: CLEART/ISTA ENER6/, LLC, a Califolnia Limited LiaUlityCompany
Documents Summons; Complaint; Notice of Case Assignment
Received:
I declare he following attempts were made to efiect personal service, no other residence or business address is known to m e:
l'{rci'r 20 2023 1220 PM 649 Mission St sth ioor , San Francisco, CA 94105; This location is a shared work space, that is cunenty
shufing down. Spoke with former ofice manager and he never heard ofthis company. Business name is
not listed on directoM
Person attemptin g service:
a- Name: Sean Mosley
b. Address: Corporate Office:5080 Calilornla Avenue Suite 425, Bakersfield, CA 93309
c. Telephone nu m ber: 888-514-5067
d. The tee fo r lh is s eni ce w as: 1 8 2.50
e- | am an independent contactor:
I declare under penalty of per.iury under he laws of he State of Califomia t|at he turegoing is tue and correct
Declaration of Reasonable Oiligence lnvoic€ #:8616310
Preview
1 Barry L. Goldner, SBN 107126 R. Jeffrey Warren, SBN 266454 2 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 3 10000 Stockdale Highway, Suite 200 Bakersfield, CA 93311 4 Telephone: 661-395-1000 Facsimile: 661-326-0418 5 Email: bgoldner@kleinlaw.com jwarren@kleinlaw.com 6 Attorneys for Plaintiff SIGI TEHACHAPI, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN, METROPOLITAN DIVISION 10 11 SIGI TEHACHAPI, LLC, a Texas Limited Case No. BCV-23-103832 Liability Company, 12 EX PARTE APPLICATION FOR AN ORDER AUTHORIZING SERVICE ON 13 Plaintiff, (1) CLEARVISTA RANCH LLC, A CALIFORNIA LIMITED LIABILITY 14 v. COMPANY, AND (2) CLEARVISTA ENERGY, LLC, A CALIFORNIA 15 CLEARVISTA RANCH LLC, a California LIMITED LIABILITY COMPANY, Limited Liability Company; THROUGH THE CALIFORNIA 16 CLEARVISTA ENERGY, LLC, a California SECRETARY OF STATE; Limited Liability Company; MEMORANDUM OF POINTS AND 17 ALL PERSONS UNKNOWN CLAIMING BY, AUTHORITIES; AND DECLARATION UNDER, OR THROUGH CLEARVISTA OF R. JEFFREY WARREN IN 18 SUPPORT OF MOTION ENERGY LLC; 19 ALL PERSONS UNKNOWN, CLAIMING ANY Assigned to: Hon. Gina M. LEGAL OR EQUITABLE RIGHT, TITLE, Cervantes 20 ESTATE, LIEN, OR INTEREST IN THE Div.: L PROPERTY DESCRIBED IN THE COMPLAINT 21 ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD ON PLAINTIFF’S TITLE THERETO; 22 and DOES 1 through 50, inclusive, 23 Defendants. 24 25 Plaintiff, SIGI TEHACHAPI, LLC, a Texas Limited Liability Company (“SIGI”), will 26 and hereby does, apply for an Order authorizing service of the Summons and Complaint 27 associated with the above-captioned action upon on the Secretary of State for defendants: (i) 28 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE 1 CLEARVISTA RANCH LLC, a California Limited Liability Company; and (ii) CLEARVISTA 2 ENERGY, LLC, a California Limited Liability Company. 3 This application is based on California Corporations code § 17701.16(c); the attached 4 Memorandum of Points and Authorities; the attached declaration of R. Jeffrey Warren; all records 5 and documents in the Court’s file on this case; any matter upon which the Court may take judicial 6 notice; and upon such oral arguments as the Court may entertain at the time of hearing on this 7 matter. 8 Dated: November 29, 2023 KLEIN, DENATALE, GOLDNER COOPER, ROSENLIEB & KIMBALL, LLP 9 10 By: ___________________________________ BARRY L. GOLDNER 11 R. JEFFREY WARREN Attorneys for Plaintiff SIGI TEHACHAPI, 12 LLC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 By this application, SIGI seeks authorization to serve, by service on the Secretary of State, 3 defendants: (i) CLEARVISTA RANCH LLC, a California Limited Liability Company; and (ii) 4 CLEARVISTA ENERGY, LLC, a California Limited Liability Company. 5 I. Statement of Facts 6 This action concerns two parcels of vacant land located in Kern County, California: Kern 7 County APN 223-052-11 (“Parcel 1”) and APN 223-052-09 (“Parcel 2”) (together, the 8 “Property”). (Complaint, ¶ 1. 1) SIGI is the current owner of the Property. (Id., ¶ 2, Ex. A to 9 Complaint.) 10 SIGI desires to gift a number of parcels of real property, including the Property, to 11 Southern Methodist University. (Complaint, ¶ 3.) In preparation for making the charitable gift, in 12 June 2023, counsel for SIGI obtained a Preliminary Title Report from First American Title 13 Company for the parcels to be included in the anticipated gift. (Id., ¶ 4.) The Preliminary Title 14 Report identified two recorded memoranda of leases (Kern County Recorder Doc. Nos. 15 214074623 and 214074624), purporting to affect title to the Property. (Id., Exs. B and C to 16 Complaint.) The existence of these purported encumbrances on title contradicted SIGI’s 17 understanding as to the state of title when SIGI acquired the property: SIGI had been informed 18 and believed, and continues to be informed and believes, that these encumbrances had been 19 extinguished by virtue of a 2015 foreclosure sale. (Id., ¶ 5.) 20 After reviewing the Preliminary Title Report, SIGI conferred with Southern Methodist 21 University. (Complaint, ¶ 6.) SIGI and Southern Methodist University agree and believe that the 22 leasehold interests documented by the memoranda of leases were extinguished by the 2015 23 foreclosure sale. (Ibid.) Under its belief that the leasehold interests were extinguished, Southern 24 Methodist University has agreed to accept the charitable gift, including the Property. (Ibid.) 25 Southern Methodist University has raised, however, concerns that a future buyer of the Property 26 1 27 SIGI requests that the Court take judicial notice of the verified allegations of the Complaint (and exhibits attached thereto) cited herein. Because the Complaint is verified and SIGI is requesting 28 judicial notice, these verified allegations are not included in the attached declaration. 3 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE 1 may raise concerns regarding the validity of the leasehold interests. (Id., ¶ 7.) To that extent, 2 Southern Methodist University has required SIGI to obtain a judicial determination that the 3 leasehold interests, and the fee interest of the lessor, have been extinguished. (Ibid.) 4 SIGI seeks authorization to serve, by service on the Secretary of State, defendants: (i) 5 CLEARVISTA RANCH LLC, a California Limited Liability Company; and (ii) CLEARVISTA 6 ENERGY, LLC, a California Limited Liability Company. 7 Defendant CLEARVISTA RANCH LLC is a California limited liability company with its 8 principal place of business in Tarzana, California (“CLEARVISTA RANCH”). (Complaint, ¶ 9 13.) CLEARVISTA RANCH was the fee owner of the Property at the time of the 2015 10 foreclosure sale, and is identified as the lessor in each of the Memoranda of Lease documents 11 purporting to encumber title. (Ibid.) CLEARVISTA RANCH has been suspended by the 12 California Franchise Tax Board since October 1, 2015, for failure to pay annual franchise taxes. 13 (Ibid.) On November 20, 21, and 22, 2023, SIGI attempted to personally serve CLEARVISTA 14 RANCH through its agent for service of process but was unsuccessful. (Declaration of R. Jeffrey 15 Warren, ¶ 4, Ex. A.) The address for CLEARVISTA RANCH’s agent for service of process, 16 Petar Mladenovic, 19234 Califa Street, Tarzana, CA 91356, is a residence located in a gated 17 community. (Ibid.) After three attempts at service, CLEARVISTA RANCH’s process server was 18 unable to gain access into the gated community. (Ibid.) 19 Defendant CLEARVISTA ENERGY, LLC, is a California limited liability company with 20 its principal place of business in San Francisco, California (“CLEARVISTA ENERGY”). 21 (Complaint, ¶ 14.) CLEARVISTA ENERGY is identified as the lessee in each of the Memoranda 22 of Lease documents purporting to encumber title. (Ibid.) CLEARVISTA ENERGY has been 23 suspended by the California Secretary of State since June 9, 2017, for failure to file annual 24 Statements of Information. (Ibid.) CLEARVISTA ENERGY has been suspended by the 25 California Franchise Tax Board since November 11, 2017, for failure to pay annual franchise 26 taxes. (Ibid.) On November 20, 2023, SIGI made an attempt to personally serve CLEARVISTA 27 ENERGY through its agent for service of process but was unsuccessful. (Declaration of R. 28 Jeffrey Warren, ¶ 5, Ex. B.) The address for CLEARVISTA ENERGY’s agent for service of 4 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE 1 process, Troy Helming, 649 Mission Street, 5th Floor, San Francisco, CA 94105, was a shared 2 workspace that is currently shutting down. (Ibid.) CLEARVISTA ENERGY is not listed on the 3 directory. (Ibid.) 4 II. Argument: The Court should authorize service of the Summons and Complaint on Defendants by substituted service on the Secretary of State because Defendants 5 cannot, with reasonable diligence, be served in another manner. 6 Corporations Code Section 17701.16 supplements the provisions of the Code of Civil 7 Procedure for service upon limited liability companies. Section 17701.16, subdivision (b), permits 8 service of process on the limited liability company’s designated agent for service of process. 9 Further, “[a] suspended corporation may be sued, and service of process upon a suspended 10 corporation is effected in the same manner as service upon a corporation that is not suspended.” 11 (Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306.) Section 17701.16, subdivision 12 (c), permits service of process on the limited liability company through the Secretary of State 13 under certain circumstances. Section 17701.16, subdivision (c), provides: 14 If an agent for service of process has resigned and has not been replaced or if the 15 designated agent cannot with reasonable diligence be found at the address designated for personal delivery of the process, and it is shown by affidavit to the 16 satisfaction of the court that process against a limited liability company or foreign 17 limited liability company cannot be served with reasonable diligence upon the designated agent by hand in the manner provided in Section 415.10, subdivision (a) 18 of Section 415.20, or subdivision (a) of Section 415.30 of the Code of Civil Procedure, the court may make an order that the service shall be made upon a 19 domestic limited liability company or upon a registered foreign limited liability company by delivering by hand to the Secretary of State. 20 (Corp. Code, § 17701.16, subd. (c).) 21 It is of no moment that CLEARVISTA RANCH and CLEARVISTA ENERGY are 22 suspended by the Secretary of State and Franchise Tax Board. (Grell v. Laci Le Beau Corp. 23 (1999) 73 Cal.App.4th 1300, 1306 [“[S]ervice of process upon a suspended corporation is 24 effected in the same manner as service upon a corporation that is not suspended.”].) 25 SIGI has satisfied the requirements of Section 17701.16 to seek an order authorizing 26 service on CLEARVISTA RANCH and CLEARVISTA ENERGY through the Secretary of State. 27 In the case of CLEARVISTA RANCH, the address for the designated agent for service of process 28 5 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE 1 is inaccessible—SIGI will not be able to serve CLEARVISTA RANCH’s agent for service by 2 hand. In the case of CLEARVISTA ENERGY, the address provided for the designated agent is a 3 shared workspace and CLEARVISTA ENERGY is not on the directory—its designated agent 4 cannot be found there. Accordingly, SIGI seeks an Order authorizing substituted service of the 5 Summons and Complaint on the Secretary of State for defendants: (i) CLEARVISTA RANCH 6 LLC, a California Limited Liability Company; and (ii) CLEARVISTA ENERGY, LLC, a 7 California Limited Liability Company. 8 III. Conclusion 9 SIGI has been unsuccessful in its attempts to personally serve defendants agents for 10 service of process and the only manner to effectuate lawful service on these defendants is by 11 substituted service on the Secretary of State. The Court should grant SIGI’s application and 12 authorize substitute service as set forth in the concurrently-lodged proposed order. 13 Dated: November 29, 2023 KLEIN, DENATALE, GOLDNER 14 COOPER, ROSENLIEB & KIMBALL, LLP 15 By: ___________________________________ 16 BARRY L. GOLDNER R. JEFFREY WARREN 17 Attorneys for Plaintiff SIGI TEHACHAPI, LLC 18 19 20 21 22 23 24 25 26 27 28 6 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE 1 DECLARATION OF R. JEFFREY WARREN 2 I, R. JEFFREY WARREN, declare as follows: 3 1. I am a partner with the law firm Klein, DeNatale, Goldner, Cooper, Rosenlieb & 4 Kimball, LLP, counsel for Plaintiff in this action. 5 2. This declaration is based on my personal knowledge, and if called upon to testify 6 as to the facts set forth in this declaration, I could and would be able to competently testify to 7 them. 8 3. I make this declaration in support of SIGI TEHACHAPI, LLC’s (“SIGI”) Ex Parte 9 Application for Order Authorizing Substitute Service on the Secretary of State. 10 4. According to the California Secretary of State, CLEARVISTA RANCH’s agent 11 for service of process is Petar Mladenovic, 19234 Califa Street, Tarzana, CA 91356. The 12 building located at 19234 Califa Street, Tarzana, CA 91356, is a residence located in a gated 13 community. On November 20, 21, and 22, 2023, SIGI attempted to personally serve 14 CLEARVISTA RANCH through its agent for service of process but was unsuccessful. After 15 three attempts at service, CLEARVISTA RANCH’s process server was unable to gain access into 16 the gated community. A true and correct copy of the process server’s Declaration of Diligence is 17 attached hereto and incorporated herein as Exhibit A. 18 19 /// 20 21 /// 22 23 /// 24 25 /// 26 27 /// 28 7 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE 1 5. According to the California Secretary of State, CLEARVISTA ENERGY’s agent 2 for service of process is Troy Helming, 649 Mission Street, 5th Floor, San Francisco, CA 94105. 3 On November 20, 2023, SIGI made an attempt to personally serve CLEARVISTA ENERGY 4 through its agent for service of process but was unsuccessful. The building located at 649 5 Mission Street, 5th Floor, San Francisco, CA 94105, consisted of shared workspace that is 6 currently shutting down. CLEARVISTA ENERGY is not listed on the directory at 649 Mission 7 Street, 5th Floor San Francisco, CA 94105. A true and correct copy of the process server’s 8 Declaration of Diligence is attached hereto and incorporated herein as Exhibit B. 9 I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct. Executed this 29th day of November, 2023, at Bakersfield, 11 California. 12 13 _________________________________ R. JEFFREY WARREN 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 #6006454v2 EX PARTE APPLICATION FOR SUBSTITUTED SERVICE ON SECRETARY OF STATE Exhibit A ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY R. Jeffrey Warren SBN 266454 (661) 395-1000 Klein, DeNatale, Goldner et al. 10000 Stockdale Hwy 200 Bakersfield, CA 93311 ATTORNEY FOR Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN - BAKERSFIELD 1215 Truxtun Ave. Bakersfield, CA 93301 SHORT TITLE OF CASE: SIGI TEHACHAPI, LLC v. CLEARVISTA RANCH LLC DATE: TIME: DEP./DIV. CASE NUMBER: BCV-23-103832 Declaration of Reasonable Diligence Ref. No. or File No: 21452-004 Person to Serve: CLEARVISTA RANCH LLC, a California Limited Liability Company Documents Summons; Complaint; Notice of Case Assignment Received: I declare the following attempts were made to effect personal service, no other residence or business address is known to me: Nov 20 2023 04:00 PM 19234 CALIFA STREET , TARZANA, CA 91356; Address given is a residence address, unable to gain access, gated community, intercom broken. Nov 21 2023 11:08 AM 19234 CALIFA STREET , TARZANA, CA 91356; Gated community. No access, no one to follow in or out. Nov 22 2023 08:10 AM 19234 CALIFA STREET , TARZANA, CA 91356; Gated community. No access, no one to follow in or out. Person attempting service: a. Name: Jamie Figueroa b. Address: Corporate Office: 5080 California Avenue Suite 425, Bakersfield, CA 93309 c. Telephone number: 888-514-5067 d. The fee for this service was: 182.50 e. I am an independent contractor: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Jam ie Figue roa Date: 11/22/2023 De claration of Re as onable Dilige nce Invoice #: 8616206 Exhibit B ATTORNEY OR PARry WITHOUT ATTORNE/ (Narne and Address) TELEFHONE NUI,BER FOR COURT USE ONLY R Jeffrey Warren SBN 266454 (661)395-1000 Klein, DeLlatale, Goldner et al. 10000 Stockdale Hwy 200 Bakersneld, CA 93311 ATTORNE/ FOR Plaintifi SUPERIOR COURT OF CALIFORNIA COUNTYOF KERN - BAKERSFIELD 121 5 Truxtun A\€. Bakersfeld. CA 93301 SHORT TTLE OFCASE: SIGI TEHACHAPI, LLC V CLEARVSTA RAI']CH, LLC OATE IlME D€P./Dir'. CASE NUMBER: BCV-23-109832 Oeclaration of Reasonable EXligence Ref . M. or Flle l.bl 21452-cn4 Person to Serve: CLEART/ISTA ENER6/, LLC, a Califolnia Limited LiaUlityCompany Documents Summons; Complaint; Notice of Case Assignment Received: I declare he following attempts were made to efiect personal service, no other residence or business address is known to m e: l'{rci'r 20 2023 1220 PM 649 Mission St sth ioor , San Francisco, CA 94105; This location is a shared work space, that is cunenty shufing down. Spoke with former ofice manager and he never heard ofthis company. Business name is not listed on directoM Person attemptin g service: a- Name: Sean Mosley b. Address: Corporate Office:5080 Calilornla Avenue Suite 425, Bakersfield, CA 93309 c. Telephone nu m ber: 888-514-5067 d. The tee fo r lh is s eni ce w as: 1 8 2.50 e- | am an independent contactor: I declare under penalty of per.iury under he laws of he State of Califomia t|at he turegoing is tue and correct Declaration of Reasonable Oiligence lnvoic€ #:8616310