Judge: Colin Leis, Case: 22AHCV00756, Date: 2022-12-14 Tentative Ruling


Case Number: 22AHCV00756    Hearing Date: December 14, 2022    Dept: 3

 

Superior Court of California

County of Los Angeles – NORTHEAST District

Department 3

 

 

CONCORD PROPERTY MANAGEMENT, Inc. , a California corporation;

 

Plaintiff,

 

 

v.

 

 

qiao liu , an individual doing business as Noodle Bistro; and DOES 1 through 20,

 

Defendants.

Case No.:

22AHCV00756

 

 

Hearing Date:

December 14, 2022

 

 

Time:

8:30 a.m.

 

 

 

[Tentative] Order RE:

 

 

defendant Qiao liu’s motion to quash service of summons and to set aside default and default judgment

 

 

MOVING PARTY:                Defendant Qiao Liu

 

Defendant Qiao Liu’s Motion to Quash Service of Summons and to Set Aside Default and Default Judgment

The court considered the moving papers filed in connection with this motion. No opposition was filed.

 

BACKGROUND

            Plaintiff filed this action on September 29, 2022, against, among others, Defendant Qiao Liu (“Liu”).

            On December 1, 2022, Plaintiff filed a Proof of Service of Summons stating Liu was personally served by a registered process server with the summons and complaint on October 5, 2022, at 3:00 p.m. at 9461 Las Tunas Dr., Temple City, CA 91780 (the “Property”).

            Default was entered against Liu on December 1, 2022.

            Liu now moves to quash service of the summons and set aside the default.

DISCUSSION

Liu has shown by a preponderance of evidence that he was not personally served with the summons and complaint. (Qiao Liu Decl. ¶¶ 5-8; Yuanyuan Liu Decl. ¶¶ 2-4; Lulu Liu Decl., ¶¶ 2-4; Exhibits 2 & 3.) The proof of service is thus defective on its face because it incorrectly states that plaintiff’s process server personally served Liu. Consequently, the court grants Liu’s motion to quash. And because service of process was defective, Liu’s default is set aside as void. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.)  

CONCLUSION

The court grants Defendant Qiao Liu’s Motion to Quash Service of Summons and Motion to Set Aside Default.

Liu is ordered to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  December 14, 2022

 

_____________________________

Colin Leis

Judge of the Superior Court