1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RICHARD SEPULVEDA, Case No. 20-cv-02172-KAW

8 Plaintiff, ORDER REQUIRING 9 v. SUPPLEMENTAL BRIEFING

10 HIEN QUYEN CONG, et al., Re: Dkt. No. 10 11 Defendants.

12 13 On June 9, 2020, Plaintiff Richard Sepulveda filed a motion for default judgment. (Dkt. 14 No. 10.) Having reviewed the motion for default judgment, it appears service as to Defendants 15 other than Defendant Cong is defective. Specifically, Plaintiff asserts that Defendants Truong 16 Duy Nguyen, Hung Thanh Nguyen, Thanh Truong Nguyen, and Anhhang Thi Pham were served 17 by substitute service, as allowed by California Code of Civil Procedure 415.20. (Dkt. No. 6 at 3- 18 10.) Per California Code of Civil Procedure § 415.20(b), substitute service of an individual is 19 permitted “[i]f a copy of the summons and complaint cannot with reasonable diligence be 20 personally delivered to the person to be served . . . .” California courts have found that 21 “ordinarily, two or three attempts at personals service at a proper place should fully satisfy the 22 requirement of reasonable diligence and allow substituted service to be made.” Bein v. Brechtel- 23 Jochim Grp., Inc.,

(1992) (internal quotation and modification 24 omitted). Here, however, there is no evidence that any prior attempts at personal service were 25 made. 26 Accordingly, the Court requires supplemental briefing. First, does Plaintiff have evidence 27 that prior attempts at personal service were made? 1 Defendants other than Defendant Cong was adequate? 2 Third, if the Court was to find that service on Defendants other than Defendant Cong was 3 not adequate, would Plaintiff prefer to proceed with the motion for default judgment or withdraw 4 || the motion and properly serve the remaining Defendants? 5 Plaintiff shall file his supplemental brief by July 30, 2020. 6 IT IS SO ORDERED. 7 Dated: July 20, 2020 . 8 KANDXS A. WESTMORE United States Magistrate Judge 9 10 11 12

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