Judge: Lee W. Tsao, Case: 23NWCV04186, Date: 2024-09-12 Tentative Ruling

Case Number: 23NWCV04186    Hearing Date: September 12, 2024    Dept: C

MITCHELL v. SOUTHERN CALIFORNIA SPECIALTY CARE, LLC

CASE NO.:  23NWCV04186

HEARING:  09/12/24

#6

Defendant KINDRED HEALTHCARE, LLC’s unopposed Motion to Quash Service of Summons is GRANTED.

Moving Party to give notice.

No Opposition filed as of September 10, 2024.  

This personal injury action was filed on December 21, 2023.

Defendant KINDRED HEALTHCARE, LLC now moves to quash service of the summons and complaint.

The unopposed motion to quash is granted. Once a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction. (Vons Companies, Inc. v. Seabest Food, Inc. (1996) 14 Cal.4th 434, 449.) To establish general jurisdiction, a plaintiff must show that defendant’s contacts with the forum are “substantial” or “continuous and systematic.” (Id. at 445.) If a defendant is not subject to general jurisdiction, it may still be subject to specific jurisdiction if plaintiff can show that Defendant (1) purposefully established contacts with the forum state, (2) the controversy is related to or “arises” out of a defendant’s contacts with the forum, and (3) the exercise of personal jurisdiction comports with “fair play and substantial justice.” (Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 475-478.) 

Here, Moving Party submits the Declaration of Kathy Teague, which is signed under penalty of perjury. Ms. Teague declares that Kindred Healthcare, LLC is incorporated in the State of Delaware, with its principal place of business in Kentucky; Kindred Healthcare, LLC does not own any property or have any employees within the State of California; Kindred Healthcare, LLC has never maintained an office in California and has never incurred or paid taxes within California, and has never held a bank account within California; Kindred Healthcare, LLC is not registered to do business in California; and Kindred Healthcare, LLC has no appointed registered agent for service of process in the State of California; and Kindred Healthcare, LLC does not own or operate any hospitals in the State of California. (Teague Decl., ¶¶2-7.)

As of September 10, 2024, Plaintiff has not filed an Opposition to the instant motion. Accordingly, the Court finds that it has no basis to confer its jurisdiction over this Moving Party.

Service of the Summons and Complaint are hereby quashed as to KINDRED HEALTHCARE, LLC.