Christina Taft v. Paul Barresi
5:24-cv-01930
| C.D. Cal. | Oct 16, 2024Background
- Plaintiff Christina Taft filed a motion requesting to serve Defendant Adam R. Waldman by publication under California law, claiming she could not locate him after three failed service attempts.
- The addresses used for service attempts—both residential and business—were found to be inaccurate; Waldman neither resided nor worked at these locations.
- The residential address actually belongs to someone else (Jennifer Harding Fritz), and the business is no longer at the listed address.
- The court emphasized that California law allows for service by publication only as a last resort, after demonstrating reasonable diligence in attempting other means, such as searching through public directories and contacting acquaintances.
- Plaintiff did not submit evidence of reasonable diligence in attempting all alternative means of service.
- The court accordingly denied the motion without prejudice, allowing plaintiff to renew if further efforts comply with statutory requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of attempts at personal service | Taft argued she could not locate Waldman after 3 attempts | No defense presented (no appearance) | Court found attempts insufficient; wrong addresses used |
| Entitlement to service by publication | Taft claimed service by publication is warranted given failed attempts and unknown whereabouts | No defense presented (no appearance) | Court ruled service by publication not warranted yet |
| Standard for reasonable diligence | Taft asserted diligent search attempts were made | No defense presented (no appearance) | Court found plaintiff had not used reasonable diligence |
| Alternatives to service by publication | Taft did not show exhaustion of other means | No defense presented (no appearance) | Court held other methods must be exhausted before publication |
Key Cases Cited
- Watts v. Crawford, 10 Cal.4th 743 (Cal. 1995) (defining reasonable diligence required for service by publication)
- Vorburg v. Vorburg, 18 Cal.2d 794 (Cal. 1941) (explaining what constitutes thorough, good-faith efforts at service)
- Donel, Inc. v. Badalian, 87 Cal.App.3d 327 (Cal. Ct. App. 1978) (application of reasonable diligence standard for service by publication)
- Kott v. Superior Ct., 45 Cal.App.4th 1126 (Cal. Ct. App. 1996) (listing steps for honest attempts to locate a defendant)
- Calvert v. Al Binali, 29 Cal.App.5th 42 (Cal. Ct. App. 2018) (affirming substituted service by publication as a last resort)