Malachowski

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

Plaintiff,

ORDER AUTHORIZING SERVICE BY

v. PUBLICATION

ROMONA A. DOHENY, Re: Dkt. No. 25 Defendant.

13 Before the Court is plaintiff Mark Malachowski’s second ex parte application for an order permitting service of summons in this action by publication upon defendant Romona Doheny, pursuant to Federal Rule of Civil Procedure 4(e)(1) and California state law. Dkt. No. 25. The Court previously denied Mr. Malachowski’s application for service by publication because the supporting declaration did not demonstrate that he exercised reasonable diligence in serving the summons before requesting permission to serve by publication. Dkt. No. 15 at 2. California's Code of Civil Procedure (“CCP”) provides for service by: (1) personal delivery, Cal. C.C.P. § 415.10; (2) leaving the summons and complaint with a person found at the …