Judge: Armen Tamzarian, Case: 24STCV12584, Date: 2025-02-11 Tentative Ruling

Case Number: 24STCV12584    Hearing Date: February 11, 2025    Dept: 52

Defendant George Xenakis Support Services LLC’s Motion to Quash Service of Summons

Specially appearing defendant George Xenakis Support Services LLC (GKSS) moves to quash service of summons by plaintiff Lourdes Hernandez.  “[O]nce a defendant files a motion to quash the burden is on the plaintiff to prove by a preponderance of the evidence the validity of the service and the court’s jurisdiction over the defendant.”  (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) 

            Plaintiff does not meet her burden of showing valid service of summons on GKSS.  The proof of service of summons indicates substituted service on GKSS, with the person to be served as George Xenakis, and the person served on his behalf as “ ‘Jane Doe’ (refused name) – Co-occupant [¶] Age: 50 Weight:140 Hair: Brown Sex: Female Height: 5’4” Eyes: [blank] Race: [blank].”  In his declaration in support of this motion, Xenakis stated, “[N]o individual matching this description resides in my household.  My residence is secured by concierge staff who do not allow unsupervised access to the hallways leading to residential units without express authorization.  I did not authorize any process server to access my apartment, and the concierge did not notify me of any attempted service.”  (Xenakis Decl., ¶ 6.)

Plaintiff did not file a timely opposition to this motion.  And though she filed an additional proof of substituted service on January 23, 2025 (which the motion does not address), that proof of service states the only documents served were the “Amendment to Complaint” and “First Amended Complaint.”  Acquiring personal jurisdiction over a defendant requires serving the summons, not just the operative complaint.  (See Code Civ. Proc., §§ 410.50, subd. (a), 415.20, subd. (a) [for substituted service on an entity, “a summons may be served by leaving a copy of the summons and complaint” with appropriate person]; LVNV Funding, LLC v. Rodriguez (2024) 106 Cal.App.5th 717, 727 [“ ‘A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action’ ”].)

Disposition

Specially appearing defendant George Xenakis Support Services LLC’s motion to quash service of summons is granted.  The court hereby quashes service of summons on defendant George Xenakis Support Services LLC.