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Smith v. Nevada County Treasurer and Tax Collector

United States District Court, E.D. California

August 19, 2014

KENT H. SMITH, Plaintiff,
v.
NEVADA COUNTY TREASURER AND TAX COLLECTOR, RYAN MILLER, and DOES 1-25, inclusive, Defendants.

ORDER

KIMBERLY J. MUELLER, District Judge.

I. INTRODUCTION

The claims in this case arise out of plaintiff's allegations that his real property was wrongfully sold at a tax sale. ( See generally Compl., ECF 1.) Plaintiff filed his complaint on May 30, 2014. ( Id. ) On July 25, 2014, plaintiff applied for an order allowing service of the summons on one of the defendants, Ryan Miller, by publication. (ECF 5.) As explained below, the court GRANTS plaintiff's application.

II. ANALYSIS

Under Federal Rule of Civil Procedure 4(e), an individual may be served by:

(1) following state law for serving a summons...; or
(2) doing any of the following:
(A)delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.

In California, the final method of service permitted is by publication of summons in a newspaper of general circulation. Cal. Civ. Proc. Code ยง 415.50. Specifically, the California Code of Civil Procedure provides:

(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified... and that...
(1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or ...

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