| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion - Other
Plaintiff moves for an order permitting service of the summons and complaint on Defendant IBC Firm Inc. through the California Secretary of State pursuant to Corporations Code section 1702, subdivision (a). The Motion is GRANTED.
Corporations Code section 1702, subdivision (a) provides:
If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cannot with reasonable diligence be found at the address designated for personally delivering the process, or if no agent has been designated, and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent by hand in the manner provided in Section 415.10, subdivision (a) of Section 415.20 or subdivision (a) of Section 415.30 of the Code of Civil Procedure or upon the corporation in the manner provided in subdivision (a), (b), or (c) of Section 416.10 or subdivision (a) of Section 416.20 of the Code of Page 3 of 15
Civil Procedure, the court may make an order that the service be made upon the corporation by delivering by hand to the Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy, one copy of the process for each defendant to be served, together with a copy of the order authorizing such service. Service in this manner is deemed complete on the 10th day after delivery of the process to the Secretary of State.
(Corp. Code, § 1702, subd. (a).)
Code of Civil Procedure section 416.10 provides, in relevant part:
A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods:
(a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable).
(b) To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process.
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[¶.]
(d) If authorized by any provision in Section 1701, 1702, 2110, or 2111 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by that provision.
(Code Civ. Proc., § 416.10, subds. (a), (b), (d).)
Plaintiff submits the declaration of its counsel, Curtis A. Graham (“Graham Decl.”), who attests as follows:
IBC Firm is a California corporation with a registered address of 2727 Via Cascadita, Suite G, San Clemente, California, and a designated agent for service of process, Zaki Ahmadi (“Ahmadi”). (Graham Decl., ¶ 3, Ex. A.)
On December 23, 2025, Plaintiff’s process server attempted service at the registered address but was informed by the occupant that IBC Firm no longer operated there and that the address was invalid; the process server thereafter effected substitute service and mailed the summons and complaint to that address. (Id., ¶¶ 4–6, Exs. B–D.)
On December 29, 2025, counsel sent a letter to IBC Firm’s agent, Zaki Ahmadi, enclosing the summons and complaint and advising that service had been completed, but received no response. (Id., ¶¶ 7–8, Ex. E.) Page 4 of 15
Additional efforts were then undertaken to locate IBC Firm and its agent, including identifying a business address associated with Ahmadi (Eastway Insurance Services) at 103 West El Portal, #C, San Clemente, where a sign for “IBC Firm” was observed; however, five separate service attempts at that location in January 2026 were unsuccessful. (Id., ¶¶ 10–15, Exs. F–H.)
Plaintiff hired an investigator, and additional addresses for Ahmadi were identified, including a business (MS Auto Dealership in Costa Mesa) and a residential address in San Juan Capistrano. (Id., ¶¶ 16–19, Ex. I.) Plaintiff’s process server attempted service at the Costa Mesa location on five occasions, finding the business closed each time, and attempted service at the residence on three occasions at varied times, all without success. (Id., ¶¶ 20– 24, Exs. J–K.)
Despite these efforts, which included multiple attempts across four separate addresses and the use of an investigator, Plaintiff has been unable to locate or serve IBC Firm or its agent, and therefore has exercised reasonable diligence in attempting service. (Id., ¶¶ 25–27.)
Plaintiff has demonstrated that it has been unable to serve IBC Firm and its agent for service of process despite exercising reasonable diligence.
Accordingly, the motion is GRANTED.
Service shall be made upon Defendant by delivering by hand to the California Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy, one copy of the summons and complaint for each defendant to be served, together with a copy of this order authorizing such service. (Corp. Code, § 1702, subd. (a).) Service in this manner shall be deemed complete on the 10th day after delivery of the process to the Secretary of State.