Case Number: BC709979 Hearing Date: November 27, 2018 Dept: 2

Plaintiffs’ Motion for Appointment of Special Process Service, filed on 9/27/18, is DENIED.

Service on a person in another country is governed by Cal Code Civil Procedure §413.10(c). Service may be made as directed by the Court or as prescribed by the law of the place where the person is served, or as directed by the foreign authority in response to a letter rogatory. Service is subject to the Hague Convention. Cal. Code Civil Procedure § 413.10(c).

Jordan does not participate in the Hague Convention, so it is not implicated. Pierceall Declaration ¶ 4, Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 794.

If there is no treaty governing service, by any method reasonably calculated to give notice as prescribed by the foreign country’s law for service, or as directed by the foreign county in response to a letter rogatory. Fed. Rules Civ. Proc., Rule 4(f)(2), 28 U.S.C.A.

Service by mail/return receipt as addressed by the Clerk is permitted unless prohibited by the foreign country’s law. Fed. Rules Civ. Proc., Rule 4(f)(2)(C)(ii), 28 U.S.C.A.

Plaintiffs have not established whether or not Jordanian law expressly prohibits service by mail, return receipt requested. The Declaration of Pierceall states only that Jordan does not have process servers. Pierceall Declaration ¶ 5. Mr. Pierceall does not profess any particular knowledge in Jordanian law.

The case authority cited by Plaintiffs concerned service on Iran, and did not discuss the rule at issue that permitted service by Telex at the Court’s discretion. New England Merchants Nat. Bank v. Iran Power Generation and Transmission Co. (S.D.N.Y. 1980) 508 F. Supp. 49, 52.

The second case cited by Plaintiffs was decided in 1965 and concerns Rule 4(i) for service upon an individual outside the United States, which permitted service by ordinary mail under Rule 4(i)(1)(D). Levin v. Ruby Trading Corp. (S.D.N.Y. 1965) 248 F. Supp. 537, 540

Presently, Rule 4(i) concerns service on the United States. Fed. Rules Civ. Proc., Rule 4, 28 U.S.C.A.

Service by mail on individuals outside the United States is permitted so long as it is not prohibited by the foreign country’s law. Rule 4(f)(2)(C)(ii).

Moving party is ordered to give notice.