Summary
The Northern District of California grants Plaintiff’s ex parte application to serve Power Clean Enterprises, Inc. through the California Secretary of State. The court finds that Plaintiff exercised reasonable diligence in attempting to serve the corporation’s registered agent and officers under Federal Rule of Civil Procedure 4 and California Corporations Code section 1702(a). The court also continues the initial case management conference.
Topics
Practice areas
Questions Presented
- Whether Plaintiff exercised reasonable diligence and demonstrated that Power Clean Enterprises, Inc. could not be personally served through its designated agent, thereby permitting service by hand delivery to the California Secretary of State under California Corporations Code section 1702(a).
- Whether the initial case management conference should be continued in light of the alternative-service order.
Holdings
- A corporation may be served through the California Secretary of State when the plaintiff has exercised reasonable diligence and shown by affidavit that the corporation cannot be served through its designated agent; Plaintiff satisfied that standard here.
- The initial case management conference was continued.
Key quotations
“A corporation may be served by “following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made.”” (at 1)
“The Trust Fund has exercised reasonable diligence in attempting to serve Power Clean such that Power Clean may be served via the California Secretary of State.” (at 2)
Factual background
The Trust Fund repeatedly attempted to serve Power Clean's registered agent and CEO, David Aria, and its secretary, Svetlana Aria, at business, residential, and other publicly identified addresses between July 1 and August 11, 2025. The attempts included repeated visits, surveillance, and attempts to serve at addresses listed in corporate filings and online registries, but no authorized recipient was successfully served. Power Clean's California Statements of Information identified no other corporate officers besides David Aria and Svetlana Aria.
Procedural history
The Trust Fund made numerous unsuccessful attempts to serve Power Clean Enterprises, Inc.'s registered agent, chief executive officer, secretary, and the corporation at business and residential addresses. The court considered the application without oral argument under Civil Local Rule 7-1(b), granted the requested alternative-service relief, required service by October 6, 2025, and continued the initial case management conference.