Sepulveda

Sepulveda v. Cong

Good Law
United States District Court, Northern District of CaliforniaJuly 20, 20203:20-cv-02172California354 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD SEPULVEDA, Case No. 20-cv-02172-KAW

Plaintiff,

ORDER REQUIRING

v. SUPPLEMENTAL BRIEFING

HIEN QUYEN CONG, et al., Re: Dkt. No. 10 Defendants.

12 On June 9, 2020, Plaintiff Richard Sepulveda filed a motion for default judgment. (Dkt. No. 10.) Having reviewed the motion for default judgment, it appears service as to Defendants other than Defendant Cong is defective. Specifically, Plaintiff asserts that Defendants Truong Duy Nguyen, Hung Thanh Nguyen, Thanh Truong Nguyen, and Anhhang Thi Pham were served by substitute service, as allowed by California Code of Civil Procedure 415.20. (Dkt. No. 6 at 3- 10.) Per California Code of Civil Procedure § 415.20(b), substitute service of an individual is permitted “[i]f a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served . . . .” California courts have found that “ordinarily, two or three attempts at…

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