Russell Elliott and Nelly Elliott v. SPE Terra Nova Villas and Apartment Owners, LLC, et al.

Summary

The United States District Court for the Southern District of California denied Plaintiffs Russell and Nelly Elliott’s motion for substituted service on Defendant Victoria Orr. The Court held that Plaintiffs had not shown service at a proper location or reasonable diligence under Federal Rule of Civil Procedure 4 and California law. The Court renewed its order to show cause and required Plaintiffs to show cause by July 2, 2025, why the claims against Orr should not be dismissed without prejudice for lack of service.

Holdings

1. Plaintiffs did not establish that they attempted service at a proper place or exercised reasonable diligence sufficient to permit substituted service under California law.
2. The court declined to authorize the requested alternative form of substituted service because Plaintiffs had not shown that such service was necessary or that they had first attempted personal service at Orr's residence or current place of employment.
3. The court renewed the order to show cause and allowed Plaintiffs until July 2, 2025, to demonstrate service or explain why the claims against Orr should not be dismissed without prejudice.

Questions Presented

1. Whether Plaintiffs demonstrated the reasonable diligence and proper location required for substituted service under California law.
2. Whether the court should authorize service on a law firm allegedly representing Defendant Orr in a separate state-court case.
3. Whether Plaintiffs should receive additional time to complete service under Federal Rule of Civil Procedure 4(m).

Disposition

other