Judge: Armen Tamzarian, Case: 24STCV05798, Date: 2024-04-09 Tentative Ruling

Case Number: 24STCV05798    Hearing Date: April 9, 2024    Dept: 52

Defendant Michael Niro’s Motion to Quash Service of Summons

            Defendant Michael Niro moves to quash service of summons in this action by plaintiff WF Chateau Partners LLC.  The motion is premature.  A motion to quash service of summons concerns “whether service was valid.”  (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1436, italics added.)  Niro’s declaration in support of this motion states, “I only know about this case by checking with the court on the status of the first unlawful detainer case.  I have not been served in any manner with the summons and complaint in this case, and just file this motion to avoid a default based upon a perjured claim of service by the process server.”  (Niro Decl., lines 6-9.)  But plaintiff has not filed any proof of service.  To the contrary, over two weeks after Niro filed this motion, plaintiff applied for an order to serve the summons by posting.  The basis of that application is that plaintiff was not able to serve the summons on Niro. 

There is no service of summons to quash.  The court must deny the motion. 

            Defendant Michael Niro’s motion to quash service of summons is denied.