Judge: Armen Tamzarian, Case: 24STCV16946, Date: 2024-10-31 Tentative Ruling

Case Number: 24STCV16946    Hearing Date: October 31, 2024    Dept: 52

Specially Appearing Defendant Coastal Health Care, Inc. dba Brentwood Health Care Center’s Motion to Quash Service of Process

Specially appearing defendant Coastal Health Care, Inc. dba Brentwood Health Care Center (Coastal) moves to quash service of summons by plaintiff Brett Stettner for the Estate of Suzi G. Stettner.  “[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.”  (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) 

Plaintiff does not meet his burden of showing valid service of summons.  “A summons may be served on a corporation by delivering a copy of the summons and the complaint” to one of several people, including “the person designated as agent for service of process,” a corporate officer, or “a person authorized by the corporation to receive service of process.”  (Code Civ. Proc., § 416.10.) 

Plaintiff’s proof of service attests to personal service via “Mitchel Taylor / Authorized Person” at 1321 Franklin Street, Santa Monica, CA 90404.  (Harrison Decl., Ex. B.)  Coastal’s registered agent for service is Victor Lundquist at 25910 Acero, Ste 350, Mission Viejo, CA 92691.  (Id., Ex. A.)  Plaintiff does not present evidence showing Mitchel Taylor is a person authorized to accept service on behalf of Coastal.  Without such evidence, the proof of service does not show valid personal service on Coastal. 

Plaintiff also does not show valid substituted service.  As an alternative to personal service, “a summons may be served” on a corporation “by leaving a copy of the summons and complaint” at the corporation’s office “with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left.”  (Code Civ. Proc., § 415.20, subd. (a).)

Assuming Mitchel Taylor was the person apparently in charge of Coastal’s office, the proof of service is insufficient because the process server does not attest to mailing a copy of the documents to the person to be served after leaving the documents with Taylor.  The part of the proof of service indicating subsequently mailing the documents is blank.  (Harrison Decl., Ex. B, § 5.b(4).) 

Specially appearing defendant Coastal Health Care, Inc. dba Brentwood Health Care Center’s motion to quash service of process is granted.  The court hereby quashes service of the summons on defendant Coastal Health Care, Inc. dba Brentwood Health Care Center.