Gary S. Hann v. Christopher Compton
5:25-cv-00165
C.D. Cal.May 14, 2025Background
- The plaintiff requested the court to approve alternative service via email or, alternatively, for an extension of the service deadline after previously receiving an extension for service of process.
- The court had previously warned the plaintiff that no further extensions would be granted.
- The plaintiff identified two physical addresses for the defendants but provided no explanation for not attempting service at these locations.
- The court's review focused on whether the plaintiff exercised reasonable diligence in attempting service through normal means before seeking alternative service.
- The court found that the plaintiff failed to demonstrate such diligence and did not show that email would likely result in actual notice to all defendants.
- The court denied the plaintiff's request for alternative service and required that service be completed by a specified deadline, warning dismissal otherwise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authorization of email as alternative service | Permitted under CA law if reasonably calculated to give notice | Not presented | Denied; plaintiff must first show diligence under other means |
| Extension of time for service | Further extension should be granted | Not presented | Denied; no further extensions allowed |
| Diligence in effecting service | Implied diligence; sought alternative service | Not presented | Plaintiff did not act diligently as required |
| Adequacy of proof for alternative service emails | Email addresses sufficient for notice | Not presented | Not shown; especially for at least one defendant |
Key Cases Cited
- None of the cases referenced in the opinion have official reporter citations requiring Bluebook format; only unpublished federal Westlaw citations were referenced in this order.
