Judge: Maurice A. Leiter, Case: 24STCV06324, Date: 2024-05-31 Tentative Ruling

Case Number: 24STCV06324    Hearing Date: May 31, 2024    Dept: 54

Hearing Date: May 31, 2024

Department 54, Judge Maurice A. Leiter

Motion to Quash Service of Summons

Moving Party: Specially Appearing Defendant Brent L. Davis

Responding Party: Plaintiff Leslee Deanes

T/R:     SPECIALLY APPEARING DEFENDANT BRENT L. DAVIS’ MOTION TO QUASH SERVICE OF SUMMONS IS GRANTED.

Davis 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.)

Defendant Davis moves to quash service of summons on the ground that he was not properly served. The proof of service reflects that Davis was served on March 15, 2024 by personal service. Davis represents that he was not personally served. Davis asserts that he learned of the complaint because a the summons and complaint were left on the ground in front of his door. In opposition, Plaintiff asserts that service is proper because the proof of service creates a presumption of proper service. The Court finds that Davis has rebutted this presumption.

Davis’s motion to quash is GRANTED.