Judge: Malcolm Mackey, Case: BC411845, Date: 2022-08-04 Tentative Ruling

Case Number: BC411845    Hearing Date: August 4, 2022    Dept: 55

CORBER v. SHAMOILZADEH                                                     BC411845

Hearing Date:  8/4/22,  Dept. 55

#6:   MOTION TO QUASH SERVICE OF SUMMONS AND VACATE RENEWAL OF JUDGMENT.

Notice:  Okay

No Opposition

MP:  Defendant RAMIN SHAMOILZADEH, a self-represented litigant.

RP:  

Summary

On 8/26/21, an Acknowledgement of Assignment of Judgment was filed, stating that Plaintiff Gil Corber assigned to Collect Co all right, title, and interest in the $53,231.00 Judgment filed on 04/18/2013.

MP Positions

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

·         Plaintiff has the burden to show valid statutory service of the summons in order to establish the Court has jurisdiction.

·         Plaintiff did not request the Court to order service by posting the summons and renewal of Judgment.  See CCP   §§ 415.45, 683.170.

·         The summons was not properly served, and was not personally served on Defendant.

·         Defendant just happened to discover the renewal judgment and summons, on 2/23/22, by checking the Court’s website.

Tentative Ruling

The unopposed motion is granted, as prayed.

Complainants have the initial burden to evidence valid statutory service of a summons and complaint. Dill v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4^th 1426, 1439-40;  Floveyor Internat. v. Sup. Ct. (1997) 59 Cal. App. 4th 789, 794.