Judge: Jon R. Takasugi, Case: 24STCV20259, Date: 2024-11-18 Tentative Ruling

Case Number: 24STCV20259    Hearing Date: November 18, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Specially appearing Defendants’ motion to quash is GRANTED.

            On 8/12/2024, pro per Plaintiff Amphilous Jackson (Plaintiff) initiated this action against Jennifer Jones Philips, Toni Rainey, and Melissa Owens.

            On 10/7/2024, specially appearing Defendants Jennifer Jones-Phillips and Melissa Owens moved to quash service of Plaintiff’s Complaint. Defendant Rainey filed a joinder to this motion. 

            The motion is unopposed.

Discussion 

Defendants contend that the purported proofs of service submitted by Plaintiff are defective.

As for service of Owens and Rainey, those proofs of service are signed and verified by Plaintiff. (Exh. 1 and 3.) As a party, Plaintiff may not serve process in her own case. “A summons may be served by any person who is at least 18 years of age and not a party to the action.” (CCP § 414.10.)

As for service of Jones-Phillips, the purported proof of service is signed by Kiara Williams but is not verified. (Exh. 2, p 2.)  The purported service was at 1933 South Broadway, Los Angeles CA 90007 on August 20, 2024. However, Defendant Jones-Phillips submitted a declaration stating that she has never been personally served and was not served on 8/20/2024. (Jones-Phillip Decl. ¶4.) There are also inconsistencies in the dates. As noted, the unverified declaration was signed on 8/20/2024, but also states that Kiara Williams served the defendant by mail on 9/6/2024.

Plaintiff did not oppose this motion, and thus is considered to have conceded to Defendants’ motion on the merits.

Based on the foregoing, specially appearing Defendants’ motion to quash is granted.

It is so ordered.

Dated:  November    , 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.