Johnson v. Umbarger LLC

I. FACTUAL AND PROCEDURAL BACKGROUND

1 Plaintiff is a resident of California. Compl. at ¶ 1. Defendant Umbarger is a California 2 Limited Liability Company. Id. at 1. Umbarger’s Statement of Information, filed with the 3 California Secretary of State, lists Daniel H. Smith Jr. as Umbarger’s agent for service of process. 4 ECF No. 13-3, at 2 (“Ex. 1”). Umbarger’s Statement of Information does not identify any other 5 officer or person authorized to accept service on behalf of Umbarger. Id. In the Statement of 6 Information, the address listed for service of process on Umbarger is the same address provided 7 for Umbarger’s entity address and mailing address: 4208 Chaboya Rd., San Jose, CA 95148. Id. 8 Plaintiff filed the instant case on September 18, 2020. See Compl. During September, 9 October, November, and December of 2020, Plaintiff’s process server made twelve attempts at 10 different times of the day and on different days of the week to serve Umbarger at the address listed 11 on Umbarger’s Statement of Information. See ECF No. 13-4, at 2, 5 (“Ex. 2”). The process server 12 also mailed a copy of the complaint, summons, and notices and acknowledgements to Umbarger…