Judge: Malcolm Mackey, Case: 23STCV00299, Date: 2023-03-09 Tentative Ruling

Case Number: 23STCV00299    Hearing Date: March 9, 2023    Dept: 55

EIGHT ELEVEN WEST SEVENTH STREET, LLC v.  JACQUES DARAKJIAN                                        23STCV00299

Hearing Date:  3/9/23,  Dept. 55.

#Add-on:   MOTION FOR AN ORDER TO QUASH THE SERVICE TO SUMMONS.

Notice:  Okay (per 2/28/23 minutes shortening time).

Opposition

MP:  Defendant.

RP:  Plaintiff.

Summary

Plaintiff filed an unlawful detainer complaint, on January 6, 2023, alleging that Defendant remained in possession of 811 W. 7th Street, First Floor, after expiration of a Commercial Office Building Lease agreement.

MP Positions

Moving party requests an order quashing service of summons, on grounds including the following:

·         Defendant was never personally served.

·         Plaintiff failed to comply with the substitute service requirements set forth in Code of Civil Procedure §415.20, in that Plaintiff did not serve an agent or employee of Defendant

RP Positions

Opposing party advocates denying, for reasons including the following:

·         After the motion to quash was filed, Plaintiff properly utilized substitute service by serving an employee of the Defendant at the Property.

·         Immediately following the substitute service on January 13, 2023, the process server mailed the summons and complaint via USPS first class to the Property.

Tentative Ruling

The motion is denied.

The Court finds that proofs of service of a registered process server were filed on 2/14/23, after the motion to quash was filed on 2/10/23, and that they evidence that service was in statutory compliance.

Code of Civil Procedure “Section 415.20, subdivision (b), provides in part: ‘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 of the 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.’”  Trackman v. Kenney (2010) 187 Cal.App.4th 175, 182-83. Accord  American Exp. Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 389.  See also generally   Civ. Pro. Before Trial (The Rutter Group 2022) §4:206.

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