2010-00094278-CU-CD
Anthony T. Guess vs. Signature At Folsom, LLC
Nature of Proceeding:
Filed By:
Motion for a Court Order for Service through Secretary of State
Hernandez, Julio A.
Defendant Burnett & Sons Planing and Lumber Co.’s Motion for Court Order
authorizing service of process through the Secretary of State on cross-defendant OK
Enterprises & Dev., Inc., a dissolved corporation, is unopposed and is granted.
Corporations Code section 1702(a).

Moving party has established that it has not with reasonable diligence been able to
effect service of process pursuant to CCP 415.10, 415.20, 415.30, and 416.10.
(Declaration of Hernandez). Therefore, the Court authorizes service on the Secretary
of State.

Corporations Code section 1702 (a) states in pertinent part: “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 415.20 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) Section 416.20 of the Code of 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…” Corp Code 1702.

The prevailing party shall prepare a formal order for the Court’s signature pursuant to
C.R.C. 3.1312.