“The Secretary of State may be hand served, rather than the designated agent of a domestic corporation, under any of the following circumstances [Corp. Code, § 1702]: (1) if an agent designated for the purpose of service of process has resigned and has not been replaced; (2) if the designated agent cannot with reasonable diligence be found at the address designated for personal delivery of process; or (3) if no agent has been designated.
Under any of these circumstances, it must be shown by affidavit to the satisfaction of the court that process against the domestic corporation cannot be served with reasonable diligence upon the designated agent by hand, by leaving copies in the office of the person to be served, or by mail, or on the corporation in the manner provided in Code Civ. Proc. § 416.10, subds. (a) to (c) or in Code Civ. Proc. § 415.20, subd. (a). [Corp. Code, § 1702, subd. (a); for types of service permitted under Code Civ. Proc. § 416.10, subds. (a) to (c)]
When the corporation to be served is a foreign corporation, the secretary may be personally served instead of the designated agent if [Corp. Code, § 2111, subd. (a)]: (1) the agent is no longer authorized to act; (2) the agent is a natural person and cannot be found with due diligence at the address stated in the designation; (3) no agent has been designated and none of the officers or agents of the corporation specified in Corp. Code § 2110 can be found after diligent search; or (4) the agent is a corporation and no person can be found with due diligence to whom the delivery authorized by Corp. Code § 2110 may be made for the purpose of delivery to the corporate agent.
One of these prescribed circumstances must be shown by affidavit to the satisfaction of the court. Then the court may order that service be made upon either a domestic or foreign corporation by delivery to the Secretary, or to an assistant or deputy.”
[California Civil Practice Business Litigation [certain citations omitted]]
