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Abdullah v. New Generation Trading Co.

United States District Court, E.D. California
Feb 9, 2006
Case No.: 05-CV-02108 GEB DAD (E.D. Cal. Feb. 9, 2006)

Opinion

Case No.: 05-CV-02108 GEB DAD.

February 9, 2006

Reuben D. Nathan, Esq., AZIMY NATHAN, LLP, Irvine, California, Attorneys for Plaintiff, JOSEPH ABDULLAH.


DECLARATION OF REUBEN D. NATHAN AND [PROPOSED] ORDER TO ALLOW PLAINTIFF TO SERVE CALIFORNIA SECRETARY OF STATE ON BEHALF OF NEW GENERATION TRADING COMPANY


DECLARATION OF REUBEN D. NATHAN

I, Reuben D. Nathan declare as follows:

1. That I am the attorney of record for plaintiff, Joseph Abdullah.

2. That Plaintiff has attempted to serve Defendant New Generation Trading Company, but has been unsuccessful in doing so.

3. That in or about December 28, 2005, AM Attorney Service returned the summons and complaint to be served upon New Generation Trading Company to this office because the address for service of process on record with the Secretary of State is a correct address, but is a residence where no occupants reside on a daily basis. (See Exhibit "A"), the Summons Returned Unexecuted filed by Plaintiff was filed on December 29, 2006.

4. That in or about January 1, 2006, Plaintiff located a new address where service of process could be effectuated upon New Generation Trading Company. On or about January 5, 2006, AM Attorney Service attempted service upon Defendant's agent for service of process located at 333 Dolphin Drive, Suite 230 in Redwood City, California. The occupants at this location stated that they were the accountants for Defendant New Generation Trading Company but could not accept service of process. (See Exhibit "B"), the Summons Returned Unexecuted by Plaintiff was filed on January 30, 2006.

5. Plaintiff respectfully requests this Court to grant leave for Plaintiff to subserve the California Secretary of State on behalf of the Defendant, New Generation Trading Company pursuant to California Code of Civil Procedure § 416.10(d), because after diligent search and efforts to serve the named defendant, neither the entity's agent for service of process nor the entity's officers can be found, due to New Generation Trading Company's failure to maintain proper records of the location of its agent for service of process.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

ORDER

Pursuant to the declaration of plaintiff's counsel:

IT IS ORDERED that the plaintiff serve the California Secretary of State on behalf of Defendant, New Generation Trading Company. Plaintiff is ordered to file a proof of service in accordance with Plaintiff's request as outlined in this declaration, within thirty (30) days of this order.


Summaries of

Abdullah v. New Generation Trading Co.

United States District Court, E.D. California
Feb 9, 2006
Case No.: 05-CV-02108 GEB DAD (E.D. Cal. Feb. 9, 2006)
Case details for

Abdullah v. New Generation Trading Co.

Case Details

Full title:JOSEPH ABDULLAH, Plaintiff(s), v. NEW GENERATION TRADING COMPANY and Does…

Court:United States District Court, E.D. California

Date published: Feb 9, 2006

Citations

Case No.: 05-CV-02108 GEB DAD (E.D. Cal. Feb. 9, 2006)