MAISEL v. BUSSELL, ET AL.

LAW AND MOTION CALENDAR MARCH 27, 2026

1. MAISEL v. BUSSELL, ET AL., 23CV1464

Cross-Complainant Bussell’s Motion to Serve by Publication

On January 22, 2026, defendant / cross-complainant Ryan Bussell (“cross-

complainant”) filed the instant motion for an order authorizing service of summons and

cross-complaint upon cross-defendants Dave Peters and Laura Peters (collectively,

“cross-defendants”) by publication.

Code of Civil Procedure section 415.50, subdivision (a) provides for service 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” 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) the 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. (Code

Civ. Proc., § 415.50, subd. (a).) Subdivision (b) mandates that “[t]he court shall order the

summons to be published in a named newspaper, published in this state, that is most

likely to give actual notice to the party to be served.” (Code Civ. Proc., § 415.50,

subd. (b).)

Having reviewed and considered the declarations submitted by cross-complainant in

support of this motion, the court finds that a cause of action exists against cross- defendants (i.e., conversion), and that cross-complainant has demonstrated reasonable

diligence in attempting methods of service other than publication. Between

March 20, 2025, and April 2, 2025, a registered process server made six different