Judge: Elaine W. Mandel, Case: 24SMCV03488, Date: 2025-03-06 Tentative Ruling

Case Number: 24SMCV03488    Hearing Date: March 6, 2025    Dept: P

Tentative Ruling

American Express v. Fawaz, Case no. 24SMCV03488

Hearing date March 6, 2025

Defendant’s Motion to Quash Service of Summons

Plaintiff Amex sues defendant Fawaz for unpaid credit card bills. Plaintiff asserts it served defendant via substitute service 8/26/24. Defendant argues service was not effective and moves to quash the service of summons. The motion is unopposed.

Cal. Code Civ. Proc. §418.10(a)(1) authorizes a motion ''[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her." Cal. Code Civ. Proc. §410.50(a) states "[e]xcept as otherwise provided by statute, the 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)."

Defendant argues service was improper.

Plaintiff filed a declaration re: due diligence 8/29/24 stating service was attempted at a P.O. Box located at 9663 Santa Monica Boulevard, Suite 867, Beverly Hills CA 90210. Defendant offers her declaration affirming she has no connection with, and has never used, said P.O. box. Decl. Fawaz para. 2.

Plaintiff previously attempted personal service 8/23/24 and 8/25/24 at 3703 Liberty Canyon Road, Agora Hills CA, with substitute service purportedly occurring 8/26/24. See 8/29/24 Proof of Service. Defendant offers the declaration of her father, M. Fawaz, to affirm the property was unoccupied on that date, and defendant has not resided there in over a year. See Decl. M. Fawaz paras. 3-4. Defendant asserts the process server could not have approached the house to effectuate service, as it is fenced and gated. See Decl. M. Fawaz para. 6.

The motion is unopposed. GRANTED. Defendant to answer within 5 court days.