Judge: Mark A. Young, Case: 24SMCV04906, Date: 2024-12-13 Tentative Ruling

Case Number: 24SMCV04906    Hearing Date: December 13, 2024    Dept: M

CASE NAME:           Marina Admiralty Company v. Clark

CASE NO.:                24SMCV04906

MOTION:                  Motion to Quash Service of Summons

HEARING DATE:   12/13/2024

Legal Standard

“A defendant . . . may serve and file a notice of motion for one or more of the following purposes:  (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .”  (CCP § 418.10(a).) A court lacks jurisdiction over a party if there has not been proper service of process. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” (Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.)

“[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) “[T]he filing of a proof of service creates a rebuttable presumption that the service was proper” but only if it “complies with the statutory requirements regarding such proofs.” (Id. at 1441-1442.)

Analysis

Specially-Appearing Defendant Juanta Clark moves to quash service of summons by posting. Clark specifically targets a purported service of summons which took place prior to October 31, 2024. The service of summons on record shows service by posting on November 8, 2024, following an order permitting such a posting. Defendant does not contest the validity of this facially valid service.

Accordingly, the motion is DENIED.