Judge: Joel L. Lofton, Case: 22AHCV01357, Date: 2023-03-15 Tentative Ruling

Case Number: 22AHCV01357    Hearing Date: March 15, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     March 15, 2023                                   TRIAL DATE: No date set.

CASE:                         STRATA PASADENA SHOPS, LLC v. BYUNG SUL JOO and DOES 1 through 50.

CASE NO.:                 22AHCV01357

MOTION TO QUASH

MOVING PARTY:               Defendant Byung Sul Joo     

RESPONDING PARTY:      Plaintiff Strata Pasadena Shops, LLC

SERVICE:                              Filed January 23, 2023

OPPOSITION:                       Filed March 2, 2023

REPLY:                                   Filed March 7, 2023

RELIEF REQUESTED

            Defendant moves to quash the service of summons.

BACKGROUND

             This case arises out of Plaintiff Strata Pasadena Shops, LLC’s (“Plaintiff”) unlawful detainer claim against Defendant Byung Sul Joo (“Defendant”). Plaintiff alleges that Defendant agreed to a 10-year lease term for property located at 245 E. Colorado Blvd., Pasadena, California 91101. Plaintiff alleges that Defendant agreed to pay $10,600.00 per month. Plaintiff filed this complaint on December 20, 2022.

OBJECTIONS TO EVIDENCE

            Plaintiff’s objections are overruled.

TENTATIVE RULING

            Defendant’s motion to quash is DENIED as moot.

LEGAL STANDARD

“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 serve and file a notice of motion for one or more of the following purposes: [¶] (1)¿To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc. section 418.10, subd. (a).) “[W]hen jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that ‘minimum contacts’ exist between defendant and the forum state to justify imposition of personal jurisdiction.” (Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) “When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met.” (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232-33.) 

DISCUSSION

             Defendant provides that service of summons was not effectuated. Since the filing of Defendant’s motion, Plaintiff filed a proof of service of summons on January 30, 2023, which provides that Plaintiff served Defendant by substituted service. In opposition, Defendant does not contest that service was effectuated, and Defendant concedes the present motion is moot.

CONCLUSION

            Defendant’s motion to quash is DENIED as moot.

            Moving Party to give notice.

Dated:   March 15, 2023                                 ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org