Judge: John C. Gastelum, Case: 22-01288150, Date: 2023-05-17 Tentative Ruling

(1) Motion to Quash Service of Summons (2) CMC

Tentative Ruling:  Defendant Domino’s Pizza, Inc. (“Defendant”) moves for an order quashing service of summons for lack of personal jurisdiction on the ground that Defendant is a Delaware corporation, has not been validly served in this state, and has no agent for service in this state.

The California Secretary of State’s business search website has one listing for Domino’s Pizza, Inc., which indicates the corporation has been inactive in California since 2002.  (Declaration of Zachariah E. Moura, ¶ 2.)

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, 1232-1233.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence.  (Id. at p. 1233.)

Here, Plaintiffs have not opposed the instant Motion to Quash and have therefore not met their burden to show, by a preponderance of evidence, that Defendant was properly served, and all necessary jurisdictional criteria are met.  Thus, the Motion to Quash is GRANTED.

Defendant to give notice.