1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 AMERICAN FAMILY CONNECT Case No.: 25-cv-1293-JO-SBC PROPERTY AND CASUALTY 12 INSURANCE COMPANY, MINUTE ORDER GRANTING 13 PLAINTIFF’S MOTION FOR Plaintiff, SERVICE BY PUBLICATION, AND 14 v. GRANTING IN PART AND 15 DENYING IN PART PLAINTIFF’S DEEN ET AL., REQUEST FOR A 90-DAY 16 Defendants. EXTENSION [DKT. 11] 17

18 On August 14, 2025, Plaintiff refiled its motion for service by publication and 19 requested a 90-day extension of time to serve Defendants. Dkt. 11. Service by 20 publication is permitted when a party cannot, with reasonable diligence, be served by 21 other means and the plaintiff submits an affidavit with independent facts demonstrating a 22 cause of action.

(a); Rios v. Singh,

, 23 880 (2021). Service by publication must be made in a newspaper of general circulation, 24 once weekly for four consecutive weeks, and must be likely to provide actual notice. Cal. 25 Civ. Proc. Code § 415.50. 26 Here, Plaintiff’s counsel confirmed Defendants’ address, attempted personal or 27 substitute service on five occasions without success, and sent a prepaid waiver of service 28 1 that was returned to the sender. Dkt. 11-1 ¶¶ 4–16. Further, the declaration of Caitlin 2 Zapf includes facts regarding the insurance policy at issue and the underlying lawsuits for 3 which Defendants seek coverage. Id. at ¶¶ 25–31. Moreover, the Court takes judicial 4 notice of the fact that the Defendants are parties of record in Khwaja et al. v. Federal 5 Insurance Company et al., case no. 22-cv-1351-JO-SBC, a matter before this Court. 6 Plaintiff has also represented that it notified attorney Thomas Quinn, Defendants’ counsel 7 of record for that case, of this action. Dkt. 11-1 ¶¶ 18–19. 8 Because Plaintiff has demonstrated reasonable diligence and provided facts 9 supporting causes of action for a lack of duty to defend and the right to recoup defense 10 costs, the Court GRANTS service by publication, and GRANTS IN PART and DENIES 11 IN PART Plaintiff’s request for a 90-day extension [Dkt. 11]. The deadline for service 12 on Defendants is extended to November 17, 2025. Plaintiff is ORDERED to (1) publish 13 the summons below in The Coast News, a newspaper of general circulation in San Diego 14 County, in compliance with

, (2) mail the complaint and 15 this order to 17911 El Brazo, Rancho Santa Fe, CA 92067 and P.O. Box 2707, Rancho 16 Santa Fe, CA 92067, and (3) email Defendants’ counsel of record in Khwaja et al. v. 17 Federal Insurance Company et al., case no. 22-cv-1351-JO-SBC. 18 19 SUMMONS TO ISHA DEEN AND KASHIF KHWAJA 20 American Family Connect Property and Casualty Insurance Company v. Isha 21 Deen and Kashif Khwaja; Case No. 25-cv-01293-JO-SBC, U.S. District Court for the 22 Southern District of California, United States Courthouse, 221 West Broadway, San 23 Diego, CA 92101, Courtroom 4C. 24 Notice to Isha Deen and Kashif Khwaja: You have been sued. 25 1. American Family Connect Property and Casualty Insurance Company has filed a 26 Complaint for Declaratory Relief and Recoupment against you seeking a 27 declaration of its rights and obligations under the Policy with respect to its duty to 28 continue to pay the defense fees for you, to pay for any judgment against you and 1 to recoup defense expenses already incurred in defending you against the cross- 2 complaint in the lawsuit entitled Deen v. Deen, in the Superior Court for the State 3 of California, County of San Diego, Case No. 37-2016-00022636-CU-OR- 4 NC. The Complaint is also seeking a declaration of rights and obligations under 5 the Policy with respect to the duty to pay defense fees, and to recoup expenses 6 already incurred on your behalf in the lawsuit entitled Deen v. Fitzgerald Yap 7 Kreditor, LLP filed in Superior Court for the State of California, County of 8 Orange, Case No. 30-2018-01022313. The Complaint is also seeking a declaration 9 of rights and obligations under the Policy with respect to the duty to pay defense 10 costs for noncovered claims and to recoup defense expenses related to noncovered 11 claims and defense expenses that were not reasonable and necessary to your 12 defense of the cross-complaint in the lawsuit entitled Deen v. Fitzgerald Yap 13 Kreditor, LLP, in the Superior Court for the State of California, County of San 14 Diego, Case No. 37-2021-00015644-CU-FR-NC. 15 2. Unless you file with the District Court, and serve upon American Family Connect 16 Property and Casualty Insurance Company’s attorney Caitlin R. Zapf, a response to 17 the Complaint within 21 days after service of this summons, default judgment may 18 be entered against you. The address for Caitlin R. Zapf is Woolls Peer Dollinger & 19 Scher, 12401 Wilshire Blvd., Second Floor, Los Angeles, California 90025-1089. 20 21 IT IS SO ORDERED. 22 || Dated: August 27, 2025 23 Qe 24 25 Hon. Jinsook Ohta 6 United States District Judge 27 28