Judge: Jon R. Takasugi, Case: 24STCP01560, Date: 2024-12-11 Tentative Ruling

Case Number: 24STCP01560    Hearing Date: December 11, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant CT Corporation’s motion to quash is GRANTED. Defendant Garcia’s joining motion is similarly GRANTED.

            On 5/14/2024, pro per Plaintiffs Philip Chatman and Carla Wedlow (collectively, Plaintiffs) filed this action against “Amanda Garcia 330 N. Brand, Blvd. Glendale CA”

            On 10/2/2024, specially appearing third-party CT Corporation System (CT Corporation) moved to quash Plaintiffs’ purported service of summons. Defendant Amanda Garcia (Garcia) joins in this motion. 

Discussion 

            CT Corporation argues that CT Corporation was not properly served under California Code of Civil Procedure (CCP) section 415.30, and thus, this Court lacks jurisdiction over CT Corporation, and service should be quashed.

            After review, the Court agrees.

The purported service at an address for CT Corporation is defective because (1) the Summons and Complaint were delivered by first class mail without the required Notice of Acknowledgement and Receipt Form or the required return envelope with postage prepaid; and (2) CT Corporation is not named in the Summons or Complaint.

CT Corporation notes that while Ms. Garcia is an employee of CT Corporation, CT Corporation is not the authorized agent for, or otherwise authorized to accept service of process on behalf of, Ms. Garcia.

Similarly, Ms. Garcia seeks to quash service on her because (1) the Summons and Complaint were delivered by first class mail without the required Notice of Acknowledgement of Receipt Form or the required return envelope with postage prepaid; and (2) CT Corporation is not the authorized agent for, or otherwise authorized to accept service of process on behalf of, Ms. Garcia. (CCP § 416.90.) Thus, the purported service was defective and ineffective to serve Ms. Garcia.

            Based on the foregoing, Defendant CT Corporation’s motion to quash is granted. Defendant Garcia’s joining motion is similarly granted.

It is so ordered.

Dated:  December    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.