Messner Reeves, LLP vs. Poozhikala

Plaintiff Messner Reeves, LLP’s motion for an order allowing it (1) the summons and complaint for Defendant Jacob Poozhikala via publication; and (2) to serve the summons and complaint for Defendant JP23 Hospitality, Inc. on the Secretary of State is GRANTED. Service via publication

Code Civ. Proc., § 415.50 provides that a “summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) [a] cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action, [or]... (2) [t]he party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property.

Plaintiff attempted to personally serve Defendants at address listed on the Secretary of State Website, also believed to be Poozhikala’s personal address on six different occasions without success. (Reimers Decl., ¶ 4, Exs. B, C.)

Additionally, Plaintiff’s counsel learned that Poozhikala was maintaining an action in pro per in Orange County Superior Court, and attempted to serve Defendants at a status conference in that matter, without success because Poozhikala did not appear for the hearing. (Reimers Decl., ¶ 5, Exs. D-F.)

Plaintiff additionally attempted to serve Defendants via mail pursuant to Code Civ. Proc., § 415.30; however, Plaintiff never received the acknowledgments of receipt back. (Reimers Decl., ¶ 6, Exs. G, H.)

Plaintiff’s counsel also performed a public records search which revealed two additional recent addresses for Defendants. (Reimers Decl., ¶ 7.) One of the two addresses was a restaurant; an employee stated he never heard of Defendants. (Id.) Plaintiff attempted service at the other address multiple times without success. (Id., Exs. I, J.)

Based on the foregoing information, the Court finds that Plaintiff acted with reasonable diligence to locate and serve Defendant Jacob Poozhikala. The motion to serve via publication on Defendant in the Orange County Register is therefore granted.