Leonard Loh v. Lanston Loh, et al.

Summary

The United States District Court for the District of Nevada denied without prejudice the plaintiff’s motion to serve defendant Peggy Chia Loh by publication. The court held that service by publication is a last resort and that the plaintiff had not shown sufficient diligence in attempting to locate and serve the defendant.

Holdings

1. Plaintiff did not demonstrate sufficient diligence because the record showed only a few service attempts at a single location and no investigation of other likely sources of information.
2. Service by publication was not appropriate at this stage of the litigation, and the motion was denied without prejudice.

Questions Presented

1. Whether plaintiff demonstrated sufficient diligence to permit service of process by publication.
2. Whether service by publication was appropriate at this stage as a means reasonably calculated to provide notice to the defendant.

Disposition

other