Judge: Lee W. Tsao, Case: 23NWCV02078, Date: 2023-09-14 Tentative Ruling

Case Number: 23NWCV02078    Hearing Date: September 14, 2023    Dept: C

HEA HOLDINGS CO., LIMITED v. SAVV AUTOMOTIVE INC.

CASE NO.: 23NWCV02078

HEARING: 12/14//23

#5

Defendant SAVV AUTOMOTIVE INC.’s motion to quash service of summons and complaint is GRANTED.

Moving Party to give Notice.

Defendant SAVV AUTOMOTOVE INC. (“Defendant”) moves to quash service of summons on the ground that the Summons and Complaint were served on an K.C. Park—an individual not authorized to accept service on behalf of Defendant.

In Opposition, Plaintiff argues that service upon K.C. Park is proper because K.C. Park claimed to be the owner of Savv Automotive Inc.

The Motion is GRANTED.

Process may be served by substituted service on a corporation by “leaving a copy of the summons and complaint during usual office hours in his or her office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left.” (CCP §415.20(a).)

The evidence reflects that on July 21, 2023 at 1:49 p.m., a copy of the Complaint and Summons was served by personal delivery onto K.C. Park. The Statement of Information indicates that Young S. Choi is the named Agent for Service of Process. (See Ntc. of Errata Ex. 1.)

Although substituted service might have been properly effectuated by service onto K.C. Park—Plaintiff does not indicate that they mailed a copy of the Complaint and Summons by first class mail on the same day.

The Court does not find that delivery to K.C. Park substantially complies with the service of summons statute.