Judge: Curtis A. Kin, Case: 21STCV26349, Date: 2023-04-18 Tentative Ruling

Case Number: 21STCV26349    Hearing Date: April 18, 2023    Dept: 72

MOTION TO QUASH SERVICE OF SUMMONS AND SET ASIDE DEFAULT JUDGMENT

Date:               4/18/23 (8:30 AM)

Case:               Fallon Seaborn v. Wilshire Consumer Credit of Los Angeles (21STCV26349)

TENTATIVE RULING:

Defendant Wilshire Commercial Capital, L.L.C. dba Wilshire Consumer Credit’s Motion to Quash Service of Summons and Set Aside Default Judgment is CONTINUED.

Defendant Wilshire Commercial Capital, L.L.C. dba Wilshire Consumer Credit moves for an order quashing service of summons and setting aside the default judgment entered against it. “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 existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.’” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, quoting Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.)

Plaintiff Fallon Seaborn was not served with the instant motion at the address in the Court file. The moving papers were mailed to 17128 Colima Road, Suite 212, Hacienda Heights, CA 91741, the address listed in the original Complaint. However, on June 3, 2022, during the default prove up hearing, plaintiff provided a new mailing address of 941 S. Vermont Ave., Suite 101, Los Angeles, CA 90006. (See 6/3/22 Minute Order.)

Because plaintiff has the burden to demonstrate effective service, the motion is CONTINUED to ________________ at ________ in Department 72 (Stanley Mosk Courthouse) to give plaintiff the opportunity to oppose the instant motion. No later than two (2) court days hereof, defendant is ordered to serve the moving papers and notice of continuance of the hearing on plaintiff and and file proof of service with the Court.