Johnson v. Umbarger LLC

Background

Scott Johnson brought claims against Umbarger LLC and Does 1–10 under the Americans with Disabilities Act and California’s Unruh Civil Rights Act. The motion addressed only service of process—the formal delivery of the complaint and summons—not the merits of those claims.

Umbarger’s California Secretary of State filing identified Daniel H. Smith Jr. as its agent for service of process and listed an address for service, the entity, and mailing. From September through December 2020, Johnson’s process server made twelve attempts at that address at different times and on different days. The process server also mailed the complaint, summons, and related documents, tried two additional addresses associated with Umbarger, and called fifteen phone numbers associated with Umbarger’s agent without receiving a response. Johnson had previously obtained a 90-day extension of the service deadline.

Court’s analysis

Johnson sought permission for alternative service under California Corporations Code section 1702(a). Federal Rule of Civil Procedure 4 allows service on a domestic entity in the manner permitted by the law of the state where the federal court is located or where service is made.

Under California law, a court may authorize service on a domestic corporation by hand-delivering the process and the authorization order to the California Secretary of State when the corporation’s designated agent cannot be found at the designated address with reasonable diligence. The court considered several permitted service methods, including personal delivery to Smith Jr., substitute service at his office or home, service by mail requiring acknowledgment, service through the designated agent, and service through other listed corporate officers or authorized persons.

The court found that Johnson’s declarations and supporting documents showed that these methods could not be completed with reasonable diligence. The court also noted that Umbarger’s filing identified no officer or authorized person other than Smith Jr. The court stated that certain other statutory provisions did not apply because Umbarger was not a bank and Johnson did not allege that Umbarger had forfeited its charter or dissolved.

Ruling

Judge Lucy H. Koh granted Johnson’s motion to serve process on Umbarger via the California Secretary of State. The order authorized the method of service but did not resolve Johnson’s underlying disability-related claims.