Judge: Gary I. Micon, Case: 23CHCV01933, Date: 2024-04-23 Tentative Ruling

Case Number: 23CHCV01933    Hearing Date: April 23, 2024    Dept: F43

Dept. F43

Date: 4-23-24

Case #23CHCV01933, Robert Pope vs. Adam Clint

Trial Date: N/A

MOTION TO QUASH SERVICE OF SUMMONS

MOVING PARTY: Defendant Adam Clint

RESPONDING PARTY: Plaintiff Robert Pope

RELIEF REQUESTED

Defendant has requested that the Court quash the service of summons allegedly served on November 2, 2023

RULING: Motion is denied as moot.

SUMMARY OF ACTION

Plaintiff Robert Pope (Plaintiff) filed this action against Defendant Adam Clint (Defendant) on July 3, 2023. Plaintiff filed a proof of service indicating that Defendant was personally served on November 2, 2023. However, Defendant filed this motion because Defendant has video evidence showing that the process server just left the papers on Defendant’s porch. Therefore, Defendant argues that he was not personally served on November 2. Defendant filed this motion on November 29, 2023.

A second attempt at service occurred on December 8, 2023. Another motion to quash service of summons related to that attempt was filed on December 19, 2023, and is set for a hearing on May 13, 2024.

On April 9, Plaintiff filed a notice and acknowledgment of receipt of the summons signed by Defendant’s attorney, Steven H. Haney. Based on the filing of this notice, it appears that Defendant’s Motion to Quash Service of Summons is now moot.

Defendant’s Motion to Quash Service of Summons is denied as moot. Defendant’s responsive pleading is due relative to the date the notice and acknowledgment of receipt was filed, which was April 9, 2024.

Moving party to give notice.