Judge: Maurice A. Leiter, Case: 20STCV37830, Date: 2022-10-06 Tentative Ruling

Case Number: 20STCV37830    Hearing Date: October 6, 2022    Dept: 54

Hearing Date: October 6, 2022

Department 54, Judge Maurice A. Leiter

Motion to Quash Service of Summons

Moving Party:  Defendants Ryan A. Stubbe and Michael J. Jaurigue

Responding Party:  None

T/R:    DEFENDANTS’ MOTION TO QUASH IS GRANTED.

            DEFENDANTS TO NOTICE. 

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

The Court considers the moving papers. No opposition has been received.

            “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, 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)(1).)  “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.)  

            Defendants Ryan A. Stubbe and Michael J. Jaurigue move for an order quashing service of summons. The proofs of service represent that Stubbe was served by substitute service at Jaurigue’s law office on October 15, 2021, and Jaurigue was personally served through an authorized agent named “Darby” at his law office on October 12, 2021. Stubbe’s declares that he did not work at Jaurigue’s law firm at the time of service. Jaurigue declares that Darby is not his authorized agent for service. Plaintiff does not oppose this motion to show service was proper. Defendants’ motion is GRANTED.