Judge: Carolyn M. Caietti, Case: 37-2024-00019926-CU-UD-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 20, 2024

06/21/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Unlawful Detainer - Residential Motion to Quash (UD) 37-2024-00019926-CU-UD-CTL PIAZZA D ORO LLC VS FRERKS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Charles Frerks' Motion to Quash is DENIED.

When a defendant challenges the court's personal jurisdiction on the ground of improper service of process, the burden is on the plaintiff to prove the facts requisite to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A declaration of service by a registered process server establishes a presumption the facts stated in the declaration are true. (Evid. Code, § 647; Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750.) Here, Plaintiff met its burden of showing proof of personal service on Defendant at the property by a registered process server. (C.C.P., § 415.10.) As of this writing, Plaintiff has not replied, nor provided evidence rebutting this presumption.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

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