Judge: Lee W. Tsao, Case: 23NWCV01008, Date: 2023-10-17 Tentative Ruling

Case Number: 23NWCV01008    Hearing Date: October 17, 2023    Dept: C

CRAWFORD, ET AL. v. NORTHWIND APARTMENT

CASE NO.:  23NWCV01008

HEARING:  10/17/23

#5

TENTATIVE RULING

I.             Defendant ADVANCED GROUP 06-89’s motion to quash service of summons is GRANTED.

II.            The May 8, 2023 entry of default is VACATED.

Moving party to give notice.

This wrongful eviction action was filed by Plaintiff KENNETH CRAWFORD and AL JAMOD RAMBO (Plaintiffs) on April 3, 2023. Plaintiffs’ complaint assert the following causes of action: (1) Harassment; (2) Fictitious Filing Documents; (3) Discrimination Fraud; and Defamation.

Plaintiffs filed a request for entry of default against Defendant NORTHWIND APARTMENT (Defendant) on May 8, 2023. This Court entered default against Defendant on the same day.

Defendant ADVANCED GROUP 06-89 d/b/a NORTHWIND APARTMENT (Advanced Group) moves to quash the service of summons and set aside void the entry of default.

Defendant ADVANCED GROUP 06-89’s motion to quash service of summons and set aside void entry of default:

Defendant ADVANCED GROUP 06-89 d/b/a NORTHWIND APARTMENT (Advanced Group) moves for an order quashing the service of summons on the grounds of lack of personal jurisdiction over Advanced Group because the summons and complaint were not properly served upon Advanced Group’s registered agent for service.

CCP § 473(d) provides in pertinent part: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc., § 473.(d).)

Here, Advanced Group asserts that it is a limited partnership registered with the California Secretary of States and its registered agent for service of process is Richard J. Julian. (Julian Decl., ¶ 3; Chiang Decl., ¶ 6, Exh. 4.) Advanced Group further asserts that its business address and Mr. Julian’s address is 15320 Barranca Parkway, Suite 100, Irvine, CA 92618. (Julian Decl., ¶ 3.) Advanced Group argues that Plaintiffs’ proof of service is defective per the Code of Civil Procedure (CCP) section 15901.16(b) because it purports that the summons and complaint in this present case was served on an unknown person located at 16627 Eucalyptus Avenue #38, Bellflower, CA 90706. (Chiang Decl., ¶ 3, Exh. 1.) Advanced Group also argues that Plaintiffs knew who that the Defendant was not NORTHWIND APARTMENT because they were served with the complaint in the Unlawful Detainer action and signed a Stipulated Judgment advising them that Advanced Group was the Owner of the property. (Id. at ¶ 2.) As such, Advanced Group argues that the default entered against it was based upon defective proof of service and thus, void.

The Court finds that Defendant ADVANCED GROUP 06-89’s motion to quash service of summons is warranted under law. Advanced Group has provided sufficient evidence to support that: (1) it was sued as NORTHWIND APARTMENT when Plaintiffs knew its proper name; (2) it is a limited partnership with a registered agent for service of process; (3) its registered agent for service of process was not served with the summons and complaint in this present case; and (4) it was not served at its proper business address. Further, no opposition has been filed to refute any of Advanced Group’s allegations or to provide contrary evidence.

Accordingly, Defendant ADVANCED GROUP 06-89’s motion to quash service of summons is granted.