Judge: Audra Mori, Case: 20STCV32894, Date: 2022-08-24 Tentative Ruling

Case Number: 20STCV32894    Hearing Date: August 24, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Ana Rodriguez and Rafael Duenas (collectively, “Plaintiffs”) filed this action against defendant Ron Raushcenberger for damages arising from a motor vehicle accident.  On September 28, 2020, Plaintiffs filed an Amendment to Complaint naming Rainey Greiner (“Greiner”) as Doe 1, and on January 7, 2022, Plaintiffs filed proof of service of summons alleging Greiner was served with the summons and complaint by substituted service. 

On May 11, 2022, Greiner filed the instant motion to quash service of summons and complaint arguing that January 7, 2022 proof of service is invalid.  On August 11, 2022, Greiner filed a stipulation re: Greiner’s motion to quash indicating that Plaintiff would not be opposing the motion, and that the parties stipulated to quashing the January 7, 2022 proof of service concerning Greiner.  

Therefore, the motion to quash service of the summons and complaint is granted.  (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413 [When a defendant files a motion to quash, the burden is on the plaintiff to establish that service of the summons and complaint was proper.].) 

Moving Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 24^th day of August 2022