Judge: H. Jay Ford, III, Case: 23SMCV02095, Date: 2023-11-16 Tentative Ruling

Case Number: 23SMCV02095    Hearing Date: November 16, 2023    Dept: O

Case Name:  Weiss v. Tarhani, et al.

SUBJECT:                 MOTION TO QUASH SERVICE OF SUMMONS

MOVING PARTY:   Defendant Sarvenaz Tarhani

RESP. PARTY:         Plaintiff Christine Keren Weiss

TENTATIVE RULING

            Defendant Sarvenaz Tarhani’s Motion to Quash Service of Summons is DENIED. Defendant was also personally served on 7-8-23 pursuant to CCP § 414.10.  Further, defendant was successfully served via substitute service on 5-30-23, the tenth day after mailing the service on 5-20-23, pursuant to CCP § 415.20.  Defendant is to file a responsive pleading within 15 days.  Plaintiff is to give notice.

            Defendant Tarhani’s objections to the declarations of Christine Weiss and Gabriele Pettinato are OVERRULED.          

            Personal service was properly completed on 7-8-23 by a non-party, Gabrielle Pettinato (“Pettinato”). (POS filed 7-18-2023, Pettinato Decl., ¶¶ 1–17.)  See, e.g. In re Ball (1934) 2 Cal.App.2d 578 (process was thrown at the retreating defendant); Trujillo v. Trujillo (1945) 71 Cal.App.2d 257, 259–260 (summons and complaint were placed in the windshield wiper of defendant's retreating automobile). Tarhani does not offer any authority to show that a service by plaintiff’s husband, who is not a party to this action, cannot effect personal service. Thus, personal service was complete on 7-3-23.

             Moreover, Tarhani was served by substituted service on 5-19-2023 and mailed May 20, 2023. (POS filed 6-6-23 Proof of Service of Summons.) Process Server Sarah Thompson (“Thompson”) declared two attempts of personal service at Defendant’s home address of 915 N. La Brea Ave., Apt. 630, Los Angeles, CA 90038, on 5-17-23 and 5-18-23. (Id., Thompson Decl.) Thompson declared she was able to gain access to the apartment building lobby, but unable to gain access to the elevator or access to the unit, and the management office phone line went to voicemail both times. (Id.) Thompson declared on 5-19-23 she substituted service to Adam “Doe” a “co-occupant who confirmed he lives in unit 630 with Sarvenaz Tarhani and stated she wasn't in.” (Id.) Thompson explained the nature of the documents, handed them to Adam “Doe” and mailed the documents the next day, 5-20-23, via priority mail tracking number 9505 5130 088703140 0114 92 from Los Angeles, CA USPS. (Id.)  Thompson also included a description of Adam “Doe” as “male, brown skin, black hair, brown eyes, about 5'6" tall, around 160 pounds, in his mid to late 20's.” (Id.) Thus, substitute service was effected ten days after mailing on 5-30-23.