Judge: Maurice A. Leiter, Case: 24STCV30827, Date: 2025-03-26 Tentative Ruling

Case Number: 24STCV30827    Hearing Date: March 26, 2025    Dept: 54

Hearing Date: March 26, 2025

Department 54, Judge Maurice A. Leiter

Motion to Quash Service of Summons

Moving Party: Specially Appearing Defendant CVS Health Corporation

Responding Party: Plaintiff Humphrey Agack Nyapuodi

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

CVS 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, opposition, and reply.

“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 CVS moves to quash service of summons on the ground that it was not properly served. CVS represents that Plaintiff made approximately five attempts to serve CVS at three different addresses. CVS asserts each person that Plaintiff attempted to serve was not authorized to accept service on behalf of CVS and none of the addresses are associated with CVS. Plaintiff has filed a “non-opposition” to the motion.

CVS’s motion to quash is GRANTED.