Judge: Glenn R. Salter, Case: 22-1284560, Date: 2023-08-03 Tentative Ruling

Motion to Quash

The motion of specially-appearing defendant LendingClub Corporation to quash service of the summons and complaint is GRANTED.

When a defendant challenges jurisdiction on the ground of improper service, the burden shifts to the plaintiff to demonstrate that service was effective.

The plaintiff has not met that burden.  It is apparent from a review of the documents attached to plaintiff’s opposition that the wrong name and address were used to try to serve the defendant.  The court recognizes the plaintiff is self-represented.  However, self-represented parties must be treated the same as represented parties.

The court notes that after the issue was brought to plaintiff’s attention, an attempt at service was made on defendant’s San Francisco address on or about April 27, 2023.  And then, after the reply was filed, plaintiff filed proofs of service from December of 2022.  However, none of these proofs of service show effective service.

Specially-appearing defendant LendingClub Corporation shall give notice of the granting of the motion.

Case Management Conference

On the court’s own motion, the Case Management Conference scheduled for August 8, 2023, is CONTINUED to November 9, 2023, at 8:30 am.  The case is not at issue.

Notice

The plaintiff shall give notice of the continuance of the Case Management Conference.