Judge: Alison Mackenzie, Case: 24STCV11590, Date: 2024-10-18 Tentative Ruling

Case Number: 24STCV11590    Hearing Date: October 18, 2024    Dept: 55

NATURE OF PROCEEDINGS: Hearing on Salvador Munoz's Hearing on Motion to Quash

Salvador Munoz's Motion to Quash Service of Summons is denied.

BACKGROUND

Plaintiffs, Daniel Onofre, Maria Mazariegos Marquez, and Daniel Onofre Jr., Angie Delilah Onofre, and Zachary Marquez, brought this habitability action against Defendants Salvador Munoz, Ana M. Hernandez, as trustee of the Ana Maria Hernandez Trust, and Doe Defendants 1-50.

On August 23, 2024, default was entered as to Salvador Munoz and Ana M. Hernandez. 

The motion now before the Court is Salvador Munoz's Motion to Quash Service of Summons.

LEGAL STANDARD

Entry of default deprives the Court of jurisdiction to consider any motion other than a motion from relief from default. W.A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67, 72.

ANALYSIS

Here, Munoz’s motion to quash was filed on August 28, 2024, while he was in default. Moreover, Munoz has yet to successfully set aside or vacate the entry of default against him. Accordingly, the Court is without jurisdiction to consider the instant motion.

For that reason, Munoz’s motion to quash is denied. 

CONCLUSION

Salvador Munoz's Hearing on Motion to Quash summons is denied.