Motion for Electronic Service Upon Defendant
24CV072623: OSOH, LLC D/B/A ONE SUBARU OF HAYWARD vs LIU 07/02/2026 Hearing on Motion - Other PLAINTIFF OSOH, LLC D/B/A ONE SUBARU OF HAYWARDS NOTICE OF MOTION AND MOTION FOR ELECTRONIC SERVICE UPON DEFENDANT XIUQIN LIU; filed by OSOH, LLC d/b/a ONE SUBARU OF HAYWARD (Plaintiff) CRS# 587262386399 in Department 23
Tentative Ruling - 06/30/2026 Ruben Sundeen
The Motion re: PLAINTIFF OSOH, LLC D/B/A ONE SUBARU OF HAYWARDS NOTICE OF MOTION AND MOTION FOR ELECTRONIC SERVICE UPON DEFENDANT XIUQIN LIU PURSUANT TO CODE CIV. PROC. SECTION 413.30; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF FELIX Z filed by OSOH, LLC d/b/a ONE SUBARU OF HAYWARD on 02/10/2026 is Granted.
In 2024, Defendant Xiuqin Liu (Defendant) purchased a vehicle from Plaintiff Osoh, LLC dba One Subaru of Hayward (Plaintiff). By this action, Plaintiff seeks to collect $8,153 in unpaid storage, repair, cleaning, and other fees incurred by Defendant in connection with that vehicle.
Plaintiff personally served Defendant with the Complaint and obtained Defendants default on 8/2/2024. On 5/2/2025, Plaintiff filed a First Amended Complaint and thereafter made several unsuccessful attempts to personally serve Defendant at 1789 Country Club Boulevard, Stockton, California. This address was taken from a declaration filed by Defendant in this case on 10/18/2024. (See Decl. of Non-Service filed 7/15/2025; see also Liu Decl. filed 10/18/2024.)
On 2/10/2026, Plaintiff filed this motion for an order authorizing electronic service of the First Amended Complaint pursuant to Code of Civil Procedure (CCP) section 413.30. Section 413.30 provides that if a plaintiff, despite exercising reasonable diligence, has been unable to effect service of the summons by any of the methods authorized under this chapter, the court in which the action is pending may, upon motion, direct that summons be served in a manner that is reasonably calculated to give actual notice to the party to be served, including by electronic mail or other electronic technology, and that proof of such service be made as prescribed by the court. (CCP § 413.30(a)(1).)
The moving plaintiff may establish reasonable diligence by stating facts detailing all attempts to serve the defendant by each of the methods prescribed by statute, including facts demonstrating why each method was unsuccessful at every address or location where the defendant is likely to be found. (Id., § 413.30(a)(2).)
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The Court continued the hearing and ordered Plaintiff to attempt personal service upon Defendant at 35429 Orleans Drive, Newark, California 84560, an address taken from an identification card and other documents that Defendant had provided to Plaintiff. Two Case Management Statement that Plaintiff had previously attempted to mail to the Newark address were returned undeliverable. (See Zhuk Decl. ¶ 2.) If unable to serve Defendant at the Newark address, the Court further ordered Plaintiff to file a supplemental declaration (1) describing its attempts to serve Defendant with the First Amended Complaint at the Newark address; (2) identifying the email address at which it will attempt to serve Liu; and (3) laying a foundation for the email address. 24CV072623: OSOH, LLC D/B/A ONE SUBARU OF HAYWARD vs LIU 07/02/2026 Hearing on Motion - Other PLAINTIFF OSOH, LLC D/B/A ONE SUBARU OF HAYWARDS NOTICE OF MOTION AND MOTION FOR ELECTRONIC SERVICE UPON DEFENDANT XIUQIN LIU; filed by OSOH, LLC d/b/a ONE SUBARU OF HAYWARD (Plaintiff) CRS# 587262386399 in Department 23
Plaintiff filed a supplemental declaration on 6/16/2026 addressing all three issues. Plaintiffs process server attempted service on Defendant at the Newark address on 5/14/2026. Occupant Jane Doe told the process server that she had lived there a long time and had not heard of Defendant. (Supp. Zhuk Decl. Ex. A.) The Court finds this sufficient to discount the Newark address as a viable service address.
Plaintiff identified the proposed email address for service of the First Amended Complaint as xiuqiin.0204@gmail.com and laid the required foundation by submitting a copy of an Alameda County Superior Court Small Claims Court Claim filed by Liu in Case No. 24SC095890, Liu v. Zhuk, in which Liu provided this email address herself. (Id. Ex. B.)
The Court is satisfied that Plaintiff has attempted to serve Defendant at the known Stockton and Newark physical addresses and has been unable to do so despite reasonable diligence. The Court further notes that Defendant is aware of the existence of this case, as evidenced by personal service of the original Complaint and the declaration filed by Defendant on 10/18/2024.
Pursuant to section 413.30, the Court therefore authorizes Plaintiff to serve Defendant with the First Amended Complaint by email at xiuqiin.0204@gmail.com and file proof of service. The subject line of the mail must read: IMPORTANT: Email Service of First Amended Complaint by Court Order. Service shall be effected within 10 days of this order.
*If a party does not timely contest the tentative ruling and appear at the hearing, the tentative ruling will become the order of the Court.*
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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
24CV072623: OSOH, LLC D/B/A ONE SUBARU OF HAYWARD vs LIU 07/02/2026 Hearing on Motion - Other PLAINTIFF OSOH, LLC D/B/A ONE SUBARU OF HAYWARDS NOTICE OF MOTION AND MOTION FOR ELECTRONIC SERVICE UPON DEFENDANT XIUQIN LIU; filed by OSOH, LLC d/b/a ONE SUBARU OF HAYWARD (Plaintiff) CRS# 587262386399 in Department 23 5. Select the Tentative Rulings tab.
6. Click Contest This Ruling.
7. Enter your name and reason for contesting.
8. Select Proceed.
You must also notify the department and all opposing parties by 4:00 p.m. one court day before the hearing. Notice to the department must be sent to: Dept23@alameda.courts.ca.gov.
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https://eportal.alameda.courts.ca.gov/?q=node/397/1152402
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