ORDER AUTHORIZING SERVICE OF SUMMONS AND COMPLAINT ON DEFENDANT MAO GE BASCOM LLC BY DELIVERY TO THE CALIFORNIA SECRETARY OF STATE

Re: Dkt. No. 49

HOWARD R. LLOYD, Magistrate Judge.

Plaintiff Scott Johnson ("Plaintiff") requests a court order authorizing him to serve the summons and complaint upon Defendant Mao Ge Bascom, LLC ("MGB") by hand-delivering the documents to the California Secretary of State. Dkt. No. 49. Plaintiff asserts that the agent designated by MGB to receive service of process cannot with reasonable diligence be found at the designated address. Id. After reviewing Plaintiff's application and the supporting affidavit and exhibits, the court grants the application for the reasons described below.

Federal Rule of Civil Procedure 4(h)(1)(A) and 4(e) permit service upon business entities using the methods allowed under state law. Under California law, a court may issue an order authorizing service upon a business entity by hand-delivery of the process (and the authorizing order) to the Secretary of State. Cal. Corp. Code § 17701.16(c) (formerly Cal. Corp. Code § 17061(c)). The court may permit such service if the agent designated to receive service of process "cannot with reasonable diligence be found at the address designated for personal delivery of the process, and it is shown by affidavit to the satisfaction of the court" that process cannot be served with reasonable diligence in the manner provided in California Code of Civil Procedure Sections 415.10(a), 415.20, or 415.30(a). Id.; mcNamara v. Sher, No. 11-cv-1344-BEN (WVG), 2012 WL 760531 (S.D. Cal. Mar. 8, 2012).

Plaintiff has demonstrated both that MGB's designated agent cannot with reasonable diligence be found at the designated address and that process cannot be served with reasonable diligence in the manner provided in Sections 415.10(a), 415.20, and 415.30(a). Plaintiff's sixteen attempts to serve MGB at the designated address—and at two other addresses—were unsuccessful. Additionally, Plaintiff's attempt to serve MGB by mail was fruitless.

The court is therefore satisfied that Plaintiff is entitled to proceed via alternative service. Plaintiff is hereby authorized to serve MGB with the summons and complaint by serving process and this order upon the California Secretary of State. The Court also sua sponte grants Plaintiff an extension of thirty days from the date of this order to complete service on MGB. See Fed. R. Civ. P. 4(m).

IT IS SO ORDERED.