Judge: Melvin D. Sandvig, Case: 21STCV16677, Date: 2024-03-20 Tentative Ruling

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Case Number: 21STCV16677    Hearing Date: March 20, 2024    Dept: F47

Dept. F47

Date: 3/20/24

Case #21STCV16677

MOTION TO QUASH SERVICE OF SUMMONS

Motion filed on 9/28/23.

MOVING PARTY: Defendant Chatsworth Gardens Apartments, LLC

RESPONDING PARTY: Plaintiffs Stephanie Hernandez; Aurora Gonzalez; Diamond Ayala, a minor, by and through her Guardian Ad Litem Stephanie Hernandez; Mia Ayala, a minor, by and through her Guardian Ad Litem Stephanie Hernandez and Ezra Cardenas, a minor, by and through his Guardian Ad Litem Stephanie Hernandez

RELIEF REQUESTED: An order quashing service of summons.

RULING: The motion is placed off calendar.

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of Plaintiffs Stephanie Hernandez; Aurora Gonzalez; Diamond Ayala, a minor, by and through her Guardian Ad Litem Stephanie Hernandez; Mia Ayala, a minor, by and through her Guardian Ad Litem Stephanie Hernandez and Ezra Cardenas’, a minor, by and through his Guardian Ad Litem Stephanie Hernandez (collectively, Plaintiffs) tenancy in an apartment complex owned, managed and/or operated by Defendant Chatsworth Gardens Apartments, LLC.  Plaintiffs claim that the apartment was infested with bed bugs and that they suffered personal injuries as a result. 

On 5/4/21, Plaintiffs filed this action against defendants, including Chatsworth Gardens Apartment, LLC.  On 1/11/23, while this action was pending in the Spring Street Courthouse, Chatsworth Gardens Apartments, LLC filed and served a motion to quash service of summons.  On 3/3/23, Plaintiffs filed a proof of service indicating that on 12/12/22 Chatsworth Gardens Apartments, LLC was personally served by leaving the summons and complaint with “Cynthia Garcia – Account Manager” at the following address: 23586 Calabasas Rd., Ste 100, Calabasas, CA 91302-1322. 

Before the motion to quash was heard, this case was transferred to Department F47 in the Chatsworth Courthouse.  On 9/28/23, Chatsworth Gardens Apartments LLC re-filed its motion to quash summons.  No opposition or other response to the motion has been filed.

ANALYSIS 

The proofs of service attached to both the instant motion and the prior motion to quash are defective.  The proofs of service confusingly state:

“On September 28, 2023, I electronically served the foregoing documents described as:

MOTION TO QUASH by mailing the documents on the following interested parties:

Ilan N. Rosen Janfaza

9025 Wilshire Blvd., Penthouse Floor

Beverly Hills, CA 90211

A true and correct copy of transmittal will be produced if requested by any party or the court.”      

Based on the foregoing, it cannot be determined whether the motion was served electronically or by United States Postal Service mail.  If the motion was served electronically, which seems most likely based on the indication that a copy of the transmittal will be produced if requested and the reference to CRC 2.251 in a footnote, the proof of service further fails because no email address for Plaintiffs’ counsel is set forth in the proof of service. 

Since there is no opposition or other response to the motion to cure the defect in notice, the matter is placed off calendar. 

Even if the proof of service for the motion was not defective, the Court notes that Chatsworth Gardens Apartments, LLC has not specifically addressed the proof of service filed on 3/3/23 by Plaintiffs indicating that Chatsworth Gardens Apartments, LLC was personally served with the Summons and Complaint on 12/12/22 at 23586 Calabasas Rd., Ste. 100, Calabasas, CA 91302-1322 by delivering the documents to “Cynthia Garcia – Account Manager.”

The declaration of Marc Kanter seems to address the service on Chatsworth Gardens Apartments which is the subject of another proof of service filed on 3/3/23 which indicates that on 12/12/22 documents were delivered to “Jennifer Garcia – Manager” at 8820 Topanga Canyon Blvd., West Hills, CA 91304-1447 and thereafter mailed to the same address.  (See Kanter Decl.). 

Additionally, it is not clear why the notice of the motion cites CCP 1179.11(a)(2) which relates to unlawful detainer actions based on nonpayment of rental debt due to Covid-19 hardship.  (See Notice of Motion, p.2:6-9). 

CONCLUSION

The motion is placed off calendar.