Judge: Elaine W. Mandel, Case: 24SMCV01594, Date: 2024-06-11 Tentative Ruling
Case Number: 24SMCV01594 Hearing Date: June 11, 2024 Dept: P
Tentative Ruling
Stroden v. Efraim,
Case No. 24SMCV01594
Hearing Date: June
11, 2024
Defendant’s Motion
to Quash Service of Summons
Plaintiff Stroden brings an unlawful detainer action against defendant
Efraim, alleging Efraim forcibly entered Stroden’s property in violation of CCP
§ 1159. Defendant Efraim moves to quash service, arguing she was never
personally served, nor was substituted service accomplished. The motion is
unopposed.
“‘Service
of process, under longstanding tradition in our system of justice, is
fundamental to any procedural imposition on a named defendant.’ [Citation.]” AO
Alfa-Bank v. Yakovlev (2018) 21¿Cal.App.5th 189, 202. “To establish
personal jurisdiction, compliance with statutory procedures for service of
process is essential.” Kremerman v. White (2021) 71 Cal.App.5th 358,
371. Defendant’s knowledge of the action does not dispense with statutory
requirements for service of summons. Kappel v. Bartlett (1988) 200
Cal.App.3d 1457, 1466.
“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 move “to quash
service of summons on the ground of lack of jurisdiction of the court over him
or her” that results from lack of proper service. Code of Civ. Proc.
§418.10(a)(1). A defendant has 30 days after the service of the summons to file
a responsive pleading. Code Civ. Proc. §412.20(a)(3).
“When
a defendant challenges the court’s personal jurisdiction on the ground of
improper service of process ‘the burden is on the Plaintiffs 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.
Efraim states that as of May 10, 2024, she has not been personally served a
copy of the summons and complaint, nor has she received the summons and
complaint by mail. Def. Decl. ¶¶ 2,4. Efraim swears that no one in her
household has been handed any documents related to the suit, and she only
became aware of the action upon receipt of a notice of unlawful detainer
through the mail. Id. ¶¶ 3, 5. Efraim declares she has been available to
receive personal service and has not taken any steps to hide or evade service. Id.
¶ 6.
No opposition has been filed. Stroden has not filed any proof of service
indicating that service has been properly made. GRANTED.