Judge: Margaret L. Oldendorf, Case: 23AHCV00657, Date: 2023-09-26 Tentative Ruling

Case Number: 23AHCV00657    Hearing Date: September 26, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

NANCY URREA and CECILA VELASQUEZ,

 

                                            Plaintiffs,

vs.

 

JOHN RESING SCHOENI and JOHN DOES 1 through 10, inclusive,

 

                                            Defendants.

 

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Case No.: 23AHCV00657

 

 

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

 

Date:   September 26, 2023

Time:  8:30 a.m.

Dept.:  P

 

         

          I.        INTRODUCTION

          This personal injury action stems from an automobile accident that occurred April 26, 2021, in the City of Monrovia. Plaintiff Nancy Urrea alleges that at or near the intersection of Myrtle and Evergreen, the vehicle she was operating was struck by a vehicle being driven by Defendant John Resing Schoeni, causing mental, physical, and emotional pain to her and to Plaintiff Cecilia Velasquez.

          According to the proof of service filed in this action, Schoeni was served by substitute service on May 26, 2023. Presented with this motion to quash is evidence demonstrating that Schoeni died in November 2021. The motion to quash 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

          This motion to quash is not opposed and is granted. Based on the evidence presented, Schoeni died on November 28, 2021. A copy of his death certificate is offered as evidence of this. Also offered as evidence is the declaration of his son, John Jefferey Schoeni, who states that no one resides at the address where his father was purported to have been served by substituted service, because his mother was moved to a care facility in March 2023, two months prior. John Jefferey Schoeni avers that the summons and complaint were found in the mailbox. Based on this undisputed evidence, Schoeni was not served with the summons and complaint.

 

IV.     ORDER

          The motion to quash service of summons and complaint on Defendant Schoeni is granted.  Moving party is ordered to give notice of this ruling.

         

 

         

Dated:                                                              _______________________________

                                                                              MARGARET L. OLDENDORF

                                                                       JUDGE OF THE SUPERIOR COURT