Judge: Daniel S. Murphy, Case: 24STCV32151, Date: 2025-05-14 Tentative Ruling

Case Number: 24STCV32151    Hearing Date: May 14, 2025    Dept: 32

BACKGROUND

            On December 6, 2024, Plaintiff Gloria Murray filed this action against Defendants Laguna Senior Apartments and Mike Higgin.

            On April 8, 2025, Defendant Sunset Myra, LP (erroneously sued as Laguna Senior Apartments) filed the instant motion to quash service of summons. Plaintiff has not filed an opposition.

LEGAL STANDARD

“[T]he court in which an action is pending has jurisdiction over a party from the time summons is served on him as provided by Chapter 4 (commencing with Section 413.10).” (Code Civ. Proc, § 410.50(a).) “[A] court acquires jurisdiction over a party by proper service of process or by that party's general appearance.” (In re Jennifer O. (2010) 184 Cal.App.4th 539, 547.) Actual notice of a lawsuit is not a substitute for proper service of process. (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1206.) A defendant may serve and file a notice of motion to quash service of summons on the ground that the court lacks jurisdiction. (Code Civ. Proc., § 418.10(a).)

DISCUSSION

            “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery.” (Code Civ. Proc., § 415.10.)

Here, the proof of service (POS) accompanying the complaint indicates personal service on both Defendants at the address 4201 W. Sunset Blvd., Los Angeles, CA 90029. The POS claims that the papers were delivered to the party or person authorized to receive service for the party.

Because the POS is signed by an individual who is not a registered process server, there is no presumption of valid service. (See Evid. Code, § 647.) Defendant Sunset Myra, LP’s agent for service of process has never been served with the summons or complaint. (Stalzer Decl. ¶¶ 1, 3.) The POS lists the incorrect address for service of process. According to Secretary of State records, Defendant’s service address is 27762 Antonio Pkwy L1-624, Ladera Ranch, CA 92694-1411. (Def.’s RJN, Ex. A.)

The above evidence, undisputed by Plaintiff, demonstrates improper service of the summons and complaint. Therefore, the Court lacks jurisdiction over Defendant, and service of summons may be quashed under Code of Civil Procedure section 418.10.

CONCLUSION

            Defendant Sunset Myra, LP’s motion to quash service of summons is GRANTED.