Motion for publication of summons and complaint
complaint should not be dismissed for failure to serve the defendant as required by Rule 3.110 on July 6, 2026 at 1:30 p.m. in Dept. C24. Any evidence submitted in response to the OSC is required to be filed 10 court days prior to the hearing.
The clerk shall give notice.
312 Bradford Place Plaintiff Bradford Place Santa Ana II Homeowners Santa Ana II Association’s motion for publication of summons Homeowners and complaint is DENIED without prejudice. Association vs. Cruz There is insufficient evidence Plaintiff took reasonable steps to determine the current residence of defendant Adrian Cruz (Defendant), including inquiry as to whether his travel outside the country was permanent or temporary, and/or inquiry (or attempts to serve Defendant) at the property at issue in this litigation. (Watts v. Crawford (1995) 10 Cal.4th 743, 749, n. 5 [the term “reasonable diligence” denotes “a thorough, systematic investigation and inquiry conducted in good faith by the party or his agent or attorney”]; see also Judicial Council comments to Code of Civ. Proc. § 415.50.)
If his current address is known, there is insufficient evidence of attempts to serve Defendant by substitute service or mail coupled with acknowledgment of receipt. (Code Civ. Proc., § 415.50 [service by publication requires first attempting service through another authorized manner]; see also Code Civ. Proc., § 415.20 § 415.30.)
Furthermore, there is insufficient evidence of the existence of a cause of action against Cruz or that Cruz claims an interest in real or personal property subject to the court’s jurisdiction. (Code Civ. Proc., § 415.50, subd. (a).) Counsel’s one-line sentence in his
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