Judge: Loren G. Freestone, Case: 37-2023-00030991-CU-UD-CTL, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 07, 2023

09/08/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Unlawful Detainer - Residential Motion to Quash (Civil) 37-2023-00030991-CU-UD-CTL BTI PROPERTY MANAGEMENT VS LAPORTA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendant Brian LaPorta's motion to quash service of summons is DENIED.

'If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served . . ., a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents 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.' (Code Civ. Proc., § 415.20, subd. (b).) Plaintiff BTI Property Management filed a proof of substitute service and declarations of due diligence (ROA #14). The proof of service indicates that BTI made three attempts to personally serve LaPorta at his home located at 16054 Falcon Crest Drive (the same property that is the subject of this unlawful detainer). On the third attempt, 'Jane Doe' (a Caucasian female with brown hair in her mid-50s, 5'3' and 120lbs, who was a competent member of the household and LaPorta's friend) answered the door.

When the process server identified himself and inquired whether LaPorta was home, Jane Doe attempted to shut the door. The process server was able to wedge the papers into the door as Jane Doe was closing it, informing her of the general nature of the papers in the process. Later that day, the process server then mailed copies of the summons and complaint to LaPorta at the Falcon Crest address. The proof of service indicates that LaPorta was properly served via substitute service. (See, e.g., First American Title Ins. Co. v. Banerjee (2022) 87 Cal.App.5th 37, 43.) A registered process server's declaration of service establishes a presumption that the facts stated in the declaration are true. (Evid. Code, § 647.) Faced with a proof of service declaring service was properly effected, the burden shifts to the party moving to quash to submit evidence that he or she was not so served. (See Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750–751; Palm Property Investments, LLC v. Yadegar (2011) 194 Cal.App.4th 1419, 1428.) LaPorta declares that BTI 'has only left a copy of the Summons and Complaint in the doorway, completely failing to perform service.' But as set forth above, BTI did more than that-it made several attempts to personally serve LaPorta and then left the summons and complaint with the woman who Calendar No.: Event ID:  TENTATIVE RULINGS

3014898  21 CASE NUMBER: CASE TITLE:  BTI PROPERTY MANAGEMENT VS LAPORTA [IMAGED]  37-2023-00030991-CU-UD-CTL opened the door. Importantly, LaPorta does not dispute that the Falcon Crest address is his home, or that the Jane Doe with whom the papers were left was a competent member of the household. As such, La Porta failed to meet his burden.

Substitute service on LaPorta was valid. The motion to quash is therefore denied. BTI shall service notice of this ruling, and LaPorta shall file an answer within 5 days thereafter. (Code Civ. Proc., § 1167.4, subd. (b).) Calendar No.: Event ID:  TENTATIVE RULINGS

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