Judge: Mel Red Recana, Case: 22STCV09690, Date: 2024-04-10 Tentative Ruling
Case Number: 22STCV09690 Hearing Date: April 10, 2024 Dept: 45
|
MIRANDA
CHEN; Plaintiff, vs. CHRIS
LOOMIS, CHRIS LOOMIS CONSULTATIONS, et al.; Defendants. |
Case No.: 22STCV09690
DEPARTMENT
45 TENTATIVE RULING Action
Filed: 03/21/2022 Trial
Date: None Set |
Hearing Date: April
10, 2024
Moving Party: Specially
Appearing Defendants Chris Loomis and Chris Loomis Consultations, LLC
Responding Party: None
Motion to Quash for Defective Service of Process and
Lack of Personal Jurisdiction
The court has
considered the moving papers.
The court DENIES without prejudice Defendant’s motion to quash
for defective service of process and lack of personal jurisdiction, since no
proof of service of the moving papers has been filed.
Discussion
Defendants Chris
Loomis and Chris Loomis Consultations, LLC move for an order to quash the service
of summons for lack of personal jurisdiction. Defendant’s motion is based on
the grounds that (1) the Summons and Complaint were not properly served, and
(2) the court lacks jurisdiction over the Defendants.
Plaintiff has
the initial burden of proving the facts required for an effective service and
establishing the existence of jurisdiction. (Summers,
supra, 140 Cal.App.4th at 413.) Here, Plaintiff
has not filed an opposition. On April 5, 2024, Defendants filed the notice of
non-opposition with an attached proof of service showing that the notice of
non-opposition was mailed to Plaintiff.
However, Defendants did not file a proof of service showing that
Plaintiff was served the moving papers.
The court
therefore DENIES the motion without
prejudice.
It is so
ordered.
Dated:
April 10, 2024
_______________________
ROLF M. TREU
Judge of the
Superior Court