Millennium Franchise Group, LLC v. Bank of America, N.A.

Background

Millennium Franchise Group, LLC brought several claims against Aric K. Perminter, Aric D. Perminter, and Lynx Technologies Partners based on alleged embezzlement. The order addresses Millennium’s renewed request to serve Aric D. Perminter by publication, after the court had previously denied an earlier request.

Reasoning

The court concluded that Millennium had now exercised “reasonable diligence.” The court relied on multiple attempts at mail and personal service, requests for Aric D. Perminter’s address from his attorney and his father, who is also a defendant, and extensive internet and records searches.

The court rejected Millennium’s suggestion that the East Bay Express was the newspaper most likely to provide actual notice. The investigation did not suggest that Aric D. Perminter lived in California. Service had been attempted in New York and Pennsylvania, and his LinkedIn profile listed Phillipsburg, New Jersey, as his city. Under California law, when a person to be served resides or is located outside California, the newspaper most likely to give that person actual notice may also be outside California.

Ruling

The court granted Millennium’s motion for service by publication. It ordered that the summons be published in a named newspaper located in, around, or within a reasonable distance of Phillipsburg, New Jersey, that could publish legal notices in accordance with California Government Code section 6064. The order did not decide the merits of Millennium’s embezzlement-related claims.