The man accusing Denise Richards’ husband, Aaron Phypers, of fraud says he can’t find him to serve him legal papers, and claims Aaron’s business office is “closed and empty,” In Touch can exclusively report.

Rupert Perry, who represents the estate of his late wife Elina Katsioula-Beall, asked for permission to place an advertisement in the local newspaper to notify Aaron, 52, of the lawsuit, instead of personally serving him.

In his filing, Rupert explained Aaron has lived in Malibu and worked in Malibu for years.

Aaron is the owner of a wellness company called Quantum 360 Club, which had an office on Pacific Coast Highway. Google lists the business as “permanently closed.” The last post on the company’s Instagram was in December 2023.

Rupert noted, “[Aaron’s] place of business is closed and empty. [Aaron’s] residence is not known. I have searched telephone books and property records in this county and have not found any records for [Aaron].”

He added, “I have conducted numerous internet searches on different search engines, using as search terms [Aaron’s] name, alias, his business name and his last known business address.”

A judge has yet to rule on whether Rupert can serve Aaron via an alternative method.

As In Touch first reported, in his lawsuit, Rupert claimed his late wife Elina met Aaron in 2023 before she passed. Elina was diagnosed with sarcoma cancer in 2019.

Rupert’s lawsuit claimed, “After trying many standard treatments, none of which worked, [Elina] became interested in alternative treatments for her illness, including stem cell treatments.”

Rupert said Aaron convinced Elina to try stem cell treatments for her cancer that he said would “cure or at least ameliorate [Elina’s] condition.”

“[Aaron] claimed that the treatment had a 98 percent success rate and he was so confident in it that, if it did not work, he would refund to [Elina] and [Rupert] fifty percent (of the money they [paid] to him for the treatment,” the suit read.

“Having nothing to lose, and believing [Aaron] to be an honest individual who would reimburse them 50 [percent] of their money if the treatment did not work, [Elina] and Mr. [Rupert] paid [Aaron] $126,000,” Rupert’s lawsuit read.

Rupert said the treatments did not work and Elina asked for her refund but Aaron did not provide it. On March 29, 2024, “as she was dying from cancer, [Elina] sent another email to [Aaron] along with an invoice for $63,000 and a request for payment in a timely manner.” Rupert said Elina passed on May 21, 2024. He said Aaron has yet to pay back the money.

Rupert demanded unspecified general damages on top of punitive damages. Aaron has yet to respond to the lawsuit.

A source close to Aaron told In Touch that he disputes the claims in the lawsuit. The source said Aaron believes the company who provided the treatments is on the hook for providing the refund, not him.

The insider claimed Aaron was simply a middle man and did not make the promise of the refund.

As In Touch first reported, Aaron was sued in a separate lawsuit over an unpaid $200,000 loan for his business.

Denise, 54, was recently dragged into the drama after the creditor asked the court for permission to go after her wages for Aaron’s debt.

Denise has yet to appear in court and no decision has been made on the motion.