Judge: Colin Leis, Case: 23STCV17177, Date: 2024-03-01 Tentative Ruling

Case Number: 23STCV17177    Hearing Date: March 1, 2024    Dept: 74

1055 Seventh, LLC v. Titan Offices, Inc.

Defendant’s Motion to Quash Service of Summons

The court considered the moving papers, opposition, and reply.

BACKGROUND

            This action arises from a contractual dispute.

            On July 21, 2023, Plaintiff 1055 Seventh, LLC (Plaintiff) filed a complaint against Defendant Titan Offices, Inc. (Defendant).

            On November 15, 2023, Defendant filed this motion to quash service of the summons.

LEGAL STANDARD

            “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, sudd. (a).)

DISCUSSION

            Defendant argues service of the summons and complaint was defective. Code of Civil Procedure section 415.20, subdivision (a) authorizes substitute service on corporations. In this context, a plaintiff must leave a copy of the summons and complaint at the corporation’s office with a person apparently in charge of the premises or at the corporation’s usual mailing address if no physical address is known. (Code Civ. Proc., § 415.20, subd. (a).) The plaintiff must thereafter mail a copy of the summons and complaint where the plaintiff left the summons and complaint. (Code Civ. Proc., § 415.20, subd. (a).) On August 16, 2023, Plaintiff served Defendant via substitute service. However, Defendant argues Plaintiff did not avail itself of the right to substitute service because it did not make reasonable efforts to personally serve Defendant. But unlike substitute service on individual defendants, substitute service on entity defendants does not first require a good faith effort at personal service. (Code Civ. Proc., § 415.20, subds. (a) & (b).) Defendant also points out that Plaintiff left the summons and complaint with Defendant’s receptionist. But the receptionist was apparently in charge of the premises, such that Defendant would be apprised of the service. (Code Civ. Proc., § 415.20, subd. (a).)

CONCLUSION

                The court denies Plaintiff’s motion to quash.

            Plaintiff shall give notice.