Automated Summary
Key Facts
Plaintiff Cody Barnes, a professional drag performer known as Lexi Love, filed suit against Defendant Selena Scola on December 19, 2025, seeking declaratory judgment regarding Defendant's U.S. Trademark Reg. No. 7,727,806 for the LEXI LOVE mark and damages for trademark infringement. Plaintiff's process server attempted service six times at Defendant's residential address (320 Alabama St, Unit 16, San Francisco, CA) between December 23, 2025 and January 8, 2026. By January 6, 2026, Defendant's name had been removed from the building's intercom and access was denied. The court granted permission for alternative service via email (byimagination@gmail.com and lexi@lexilove.com) and USPS Certified Mail to Defendant's residential address.
Issues
Whether the court should grant Plaintiff's motion to permit alternative service of process via email (byimagination@gmail.com and lexi@lexilove.com) and USPS Certified Mail to Defendant Selena Scola's residential address at 320 Alabama St, Unit 16, San Francisco, California 94110, after six failed service attempts and evidence that Defendant has removed her name from the building's intercom, potentially evading standard service.
Holdings
The court granted Plaintiff Cody Barnes' motion to permit alternative service of process on Defendant Selena Scola. The court determined that service via email at byimagination@gmail.com and lexi@lexilove.com, and via USPS Certified Mail to the residential address at 320 Alabama St, Unit 16, San Francisco, California 94110, is reasonably calculated to give actual notice to the Defendant under California Code of Civil Procedure Section 413.30. The court found that the plaintiff exercised reasonable diligence in attempting service through standard methods before seeking alternative service.
Legal Principles
Federal Rule of Civil Procedure 4(e)(1) and California Code of Civil Procedure Section 413.30 permit alternative service by email or electronic technology when plaintiff demonstrates reasonable diligence in attempting standard service and the method is reasonably calculated to give actual notice to the party to be served.
Precedent Name
- Bein v. Bechtel-Jochim
- Mullane v. Cent. Hanover Bank & Trust Co.
- Cisco Sys., Inc. v. Shaitor
- Gnathonic, LLC v. Dingman
- Rio Properties, Inc. v. Rio In'l Interlink
Cited Statute
- California Code of Civil Procedure Sections 415.10-50
- Federal Rule of Civil Procedure 4(e)(1)
- California Code of Civil Procedure Section 413.30
Judge Name
Richard Seeborg
Passage Text
- Plaintiff is permitted to serve Defendant via the Summons, Complaint, and all other required documents in accordance with the Court's Order (Dkt. 6) and Local Rule 4-2 via email at byimagination@gmail.com and lexi@lexilove.com and USPS Certified Mail to 320 Alabama St, Unit 16, San Francisco, California 94110. IT IS SO ORDERED.
- Section 413.30 provides another option: 'if a plaintiff, despite exercising reasonable diligence, has been unable to effect service of the summons by any of the methods authorized under this chapter, the court in which the action is pending may, upon motion, direct that summons be served in a manner that is reasonably calculated to give actual notice to the party to be served, including by electronic mail or other electronic technology, and that proof of such service be made as prescribed by the court.' Id. § 413.30.
- Plaintiff's process server attempted to serve the necessary documents at the residential address provided by Defendant to the USPTO a total of six times, at various times of day, between December 23, 2025 and January 8, 2026. By January 6, 2026, Defendant's name had been removed from the intercom, and the process server was denied access to the building for his remaining attempts.