Judge: Maurice A. Leiter, Case: 22STCV20409, Date: 2022-08-12 Tentative Ruling

Case Number: 22STCV20409    Hearing Date: August 12, 2022    Dept: 54

Hearing Date: August 12, 2022

Department 54, Judge Maurice A. Leiter

Motion to Quash Service of Summons

Moving Party: Specially Appearing Defendant Ahdom Sayre

Responding Party: Plaintiff Mutual Investments, Inc.

T/R:     SAYRE’S MOTION TO QUASH IS DENIED.

            PLAINTIFF 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 and opposition.

“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.)  

            Specially Appearing Defendant Ahdom Sayre moves to quash service of summons. Sayre asserts that the summons and complaint were left at Sayre’s door. Sayre argues that service was improper because Plaintiff did not personally serve Sayre. In opposition, Plaintiff presents the proof of service, which shows Sayre was served by substitute service at Sayre’s residence after several attempts to serve Sayre personally. This is proper service. Sayre has not filed a reply to address Plaintiff’s assertions. Sayre’s motion to quash is DENIED.