Eun Jung Lim
17192 Murphy Avenue #17723
Irvine, California [92623]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE
EUN JUNG LIM,
Plaintiff,
v.
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN; and HERBERT
CONRAD, in his official and individual
capacity,
Defendants.
Case No.: 30-2022-01242187
EX PARTE APPLICATION FOR ORDER
AND PUBLICATION OF SUMMONS;
POINTS AND AUTHORITIES;
DECLARATION
Judge: Linda S. Marks
Department: C25
Application is hereby made for an Order directing that summons in this action be served
on defendant HERBERT CONRAD, by publication of the summons or citation in NGUOI VIET
DAILY NEWS, INC., which is a newspaper of general circulation in this state. The notice is
most likely to give the Defendant actual notice of the pendency of this action because all
attempts to find the Defendant and serve him the court documents have been unsuccessful.
This application is made on the grounds that the Plaintiff has stated a cause of action
against the Defendant, shown by the Complaint or Petition in this file and defendant HERBERT
CONRAD cannot with reasonable diligence be found and served by any other manner.
Dated: 16 th June 2022
Respectfully submitted,
______________________________
EUN JUNG LIM
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DECLARATION RE: DUE DILIGENCE PURSUANT TO CCP §§415.10-415.50
MEMORANDUM OF POINTS AND AUTHORITIES
I. Background
Plaintiff filed this Complaint on January 25, 2022.
The Plaintiff has been diligently attempting to have the defendant served with the
Summons and Complaint; however despite exercising diligence, the Plaintiff has been unable to
locate the defendant for service. The Plaintiff now asks that the court permit the Summons to be
served by publication in NGUOI VIET DAILY NEWS, INC., a newspaper of general circulation
in the county in which the Defendant was last known to work.
II. Legal Argument
Summons May be Served by Publication
California Code of Civil Procedure §415.50 permits a summons to be served upon the
defendant by publication upon demonstration by affidavit that the party cannot be served with
reasonable diligence personally, by mail, or by substitute service and that party, and that a cause
of action exists against that party, or that a person is a necessary party, or the party claims an
interest in real or personal property that is subject to the jurisdiction of the court. In the present
case, the Plaintiff has asserted a cause of action against the Defendant, and for the reasons
explained in the attached declaration cannot with reasonable diligence locate the Defendant.
For these reasons, the Plaintiff asks that the court permit the service of the Summons by
publication.
Dated: 16 th June 2022
Respectfully submitted,
______________________________
EUN JUNG LIM
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DECLARATION RE: DUE DILIGENCE PURSUANT TO CCP §§415.10-415.50
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