Judge: Margaret L. Oldendorf, Case: 23AHCV00462, Date: 2023-06-29 Tentative Ruling


Case Number: 23AHCV00462    Hearing Date: August 15, 2023    Dept: P

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES 

NORTHEAST DISTRICT 

 

HONG GAN, 

 

                                            Plaintiff, 

vs. 

 

SAN GABRIEL VALLEY MEDICAL CENTER, 

 

                                            Defendant. 

 

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Case No.: 23AHCV00462 

  

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO QUASH SERVICE OF THE SUMMONS AND COMPLAINT 

 

Date:   August 15, 2023 

Time:  8:30 a.m. 

Dept.:  P 

 

 

 

I. INTRODUCTION 

Plaintiff Hong Gan, who is self-represented, is suing Defendant San Gabriel Valley Medical Center for medical malpractice. The pleading contains some factual allegations that seem to concern the taking of a urine sample by way of a catheter during an involuntary mental health hold. The pleading characterizes this act as a rape. 

 Defendant moves to quash service of the summons on it. Because the person served with the summons and complaint was not a person authorized to accept service for the Defendant, the motion is granted. 

II. LEGAL STANDARD 

Code Civ. Proc. §418.10(a)(1) provides that a defendant, on or before the last day to plead, may file a motion to quash service of the summons on the ground of lack of jurisdiction.   

III. ANALYSIS 

The proof of service filed June 28, 2023, indicates that Defendant was personally served on June 26, 2023. The proof of service does not indicate at ¶3.b what individual was served on behalf of the entity. 

According to the Declaration of Jacinto Panes, San Gabriel Valley Medical Center is a California limited partnership. Code Civ. Proc. §416.40 provides the means by which partnerships may be served. Pursuant to subdivision (a), limited partnerships may be served on either the person designated as agent for service of process (in a statement filed with the Secretary of State) or on a general partner or the general manager of the partnership. Panes, who was handed the summons and complaint, avers that he is none of these things. Consequently, service of the summons and complaint on him did not accomplish service such that the Court has jurisdiction over the defendant. The motion to quash is on that basis granted.  

IV. ORDER 

The motion to quash the June 26, 2023 service of the summons and complaint on San Gabriel Medical Center is granted.  Moving party is ordered to give notice.   

 

 

 

Dated: _______________________________ 

      MARGARET L. OLDENDORF 

         JUDGE OF THE SUPERIOR COURT