Judge: Elaine W. Mandel, Case: 20STCV46976, Date: 2023-01-11 Tentative Ruling

Case Number: 20STCV46976    Hearing Date: January 11, 2023    Dept: P

Tentative Ruling

Adefuye v. Surly Goat Group Inc., et al., Case No. 20STCV46976

Hearing Date January 11, 2023

Defendant Aivazian’s Motion to Quash Summons of Second Amended Complaint

In this premises liability/personal injury action, Adefuye alleges he was beaten up by security guards at defendants’ bar/restaurant, the Surly Goat. Defendant Aivazian specially appears, seeking to quash service of the second amended complaint.

When a defendant challenges the court’s personal jurisdiction by motion to quash, the burden is on plaintiff to prove the existence of jurisdiction by establishing the facts requisite to an effective service. Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.

Aivazian moves to quash, arguing he does not work at the bar, was not present at the time of the incident and did not participate in the alleged tortious conduct. These factual arguments are not dispositive at the pleading stage, when the court must treat the complaint’s allegations as true and cannot quash service based on defendant’s factual denials.

The motion states “there is no proper service on defendant Aivazian[,]” but does not specify how the service was allegedly improper. There is no argument or evidence presented that service did not comply with the statutory requirements. DENIED. Defendant to answer within 15 days.