Judge: Lee W. Tsao, Case: 24NWCP00058, Date: 2024-05-02 Tentative Ruling

Case Number: 24NWCP00058    Hearing Date: May 2, 2024    Dept: C

CITY OF SOUTH GATE v. DE LA CRUZ

CASE NO.:  24NWCP00058

HEARING:  05/02/24

#7

Defendant/Respondent DE LA CRUZ’s motion to quash service of summons and petition for appointment of receiver is DENIED.

Opposing Party to give Notice.

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.) In order to gain jurisdiction over a party that party must be properly served with the summons and complaint.

Here, Plaintiff/Petitioner filed a proof of service on March 14, 2024 showing service by substituted service by a registered process server on March 1, 2024. The proof of service supports a presumption of valid service. (Cal. Ev. Code §647.)

Here, Defendant (in pro per) submits a declaration under penalty of perjury stating that he “was not served any papers in regard of this case.” (De La Cruz Decl., 3:8.)  Defendant maintains that he did not learn about this action until after seeking aid from the Clerk’s office to use the Court computer.  

Based on the evidence presented, the Court finds that Defendant has failed to present substantial evidence to rebut the presumption of valid service.  “Evidence Code section 647 provides that a registered process server’s declaration of service establishes a presumption that the facts stated in the declaration are true.” (Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750.)

The Motion is DENIED.