20CV373782 Athena Palombi vs Yang Lin Plaintiff’s Motion for order and publication of summons is DENIED WITHOUT
et al PREJUDICE. While the attachments to the motion include extensive
correspondence with the process server regarding service attempts, the Court was
unable to locate an affidavit from any process server illustrating due diligence.
Further, the materials suggest Defendant Yang Lin owns property in San Jose.
Plaintiff is directed to select a publication more likely to provide notice to Mr.
Lin, such as the San Jose Mercury News or other approved San Jose publication.
Plaintiff may resubmit this motion via ex parte application in compliance with
applicable rules (which do require notice). Court to prepare formal order.
3
Hearing Date
March 09, 2024
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20CV373782 Athena Palombi vs Yang Lin Plaintiff’s Motion for order and publication of summons is DENIED WITHOUT
et al PREJUDICE. While the attachments to the motion include extensive
correspondence with the process server regarding service attempts, the Court was
unable to locate an affidavit from any process server illustrating due diligence.
Further, the materials suggest Defendant Yang Lin owns property in San Jose.
Plaintiff is directed to select a publication more likely to provide notice to Mr.
Lin, such as the San Jose Mercury News or other approved San Jose publication.
Plaintiff may resubmit this motion via ex parte application in compliance with
applicable rules (which do require notice). Court to prepare formal order.
3