Malachowski

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MARK MALACHOWSKI, Case No. 21-cv-05751-VKD

Plaintiff,

ORDER DENYING EX PARTE

v. APPLICATION FOR ORDER FOR

SERVICE BY PUBLICATION OF

ROMONA A. DOHENY, SUMMONS Defendant. Re: Dkt. No.

13 Before the Court is plaintiff Mark Malachowski’s ex parte application for an order that service of summons in this action be made upon defendant Romona Doheny by publication of the summons. Dkt. No. 12. In support of his application, Mr. Malachowski cites Federal Rule of Civil Procedure 4(e)(1), which permits service by following the state law of the jurisdiction in which the district court sits or where service is made. Dkt. No. 12 at 1. As service has not been made in any state, the Court interprets Mr. Malachowski’s request in accordance with the state law of California. The relevant California statute is California Code of Civil Procedure § 415.50, which…