Robinson v. Gonzalez

Background

David Robinson sued Iztaccuauhtli Gonzalez, doing business as Farmers Insurance, and two other defendants. Robinson alleged that accessible parking at a Farmers Insurance property lacked required signs, pavement markings, and a van-accessible access aisle, and that the pavement was damaged and excessively sloped. His complaint seeks an injunction under the Americans with Disabilities Act and statutory damages under California’s Unruh Civil Rights Act.

Robinson’s efforts to serve Gonzalez were unsuccessful. A process server attempted service at business addresses, Robinson mailed Gonzalez documents and forms requesting a waiver of service, and another process server made five attempts at a residential address that counsel located through a title search. Gonzalez did not return the waiver, the mailed package was not returned as undeliverable, and counsel said no other good address had been found.

Robinson first moved for permission to serve Gonzalez by publishing the summons, but the court denied that motion without prejudice because he had not provided a sworn statement of facts showing a claim against Gonzalez. He then filed the renewed motion addressed in this order.

Legal Standard

Under Federal Rule of Civil Procedure 4, an individual defendant may be served under the law of the state where the federal court is located or where service occurs. California law permits service by publication when the defendant cannot be served by another available method despite reasonable diligence and the plaintiff provides sworn facts showing that a cause of action exists against the defendant or that the defendant is a necessary or proper party.

The court explained that reasonable diligence requires the thorough, systematic, good-faith efforts that a reasonable person seeking to give notice would make. Because publication can raise due-process concerns, it is a last resort, but the law requires reasonable diligence rather than exhaustive efforts.

Court’s Analysis

The court found that Robinson had shown reasonable diligence. Counsel arranged multiple personal-service attempts at Gonzalez’s business addresses, mailed the service-waiver materials, researched other possible addresses, located a residential address, and arranged five additional service attempts there. The court concluded that Robinson had taken the steps a reasonable person who truly wanted to provide notice would have taken under the circumstances.

The court also found adequate sworn support for a cause of action. Robinson stated that the property lacked accessible parking, that he could not access the insurance office when he visited, that the conditions caused him distress and inconvenience, and that he wanted to return to the location. His counsel provided additional sworn statements concerning research into the ownership and operation of the office and the property.

Ruling

Magistrate Judge Thomas S. Hixson granted Robinson’s renewed motion for leave to serve Gonzalez by publication. The court determined that the East County Times/East Bay Times was an appropriate newspaper because it was likely to provide Gonzalez actual notice.

The order extended the deadline for serving Gonzalez to March 31, 2025. It required publication once a week for four successive weeks. If Gonzalez’s address became known before the publication period ended, Robinson was required to serve Gonzalez in another method allowed by the California Code of Civil Procedure. Robinson also had to mail a copy of the order, addressed to Gonzalez doing business as Farmers Insurance, to the three listed Pittsburg, California, addresses and file proof of mailing.

This order addressed the method of serving Gonzalez; it did not decide whether Robinson would prevail on his disability-access claims.