Judge: Melvin D. Sandvig, Case: 23CHCV01379, Date: 2024-05-23 Tentative Ruling
Case Number: 23CHCV01379 Hearing Date: May 23, 2024 Dept: F47
Dept. F47
Date: 5/23/24
Case #23CHCV01379
MOTION TO QUASH
SERVICE OF SUMMONS
Motion filed on 10/23/23.
MOVING PARTY: Defendant Zerafat Nikou
RESPONDING PARTY: Plaintiff Ella Chan
NOTICE: ok
RELIEF REQUESTED: An order quashing the service of
summons in this action on the ground of lack of personal jurisdiction over
Defendant Zerafat Nikou.
RULING: The hearing in the motion is continued to
6/24/24.
On 5/10/23, Plaintiff Ella Chan (Plaintiff) filed this
action against Defendants J28 Home Care Corp.; Edjeska Macandili; Zerafat Nikou
and Does 1-50 for: (1) Dependent Adult Abuse/Neglect, (2) Willful Neglect and
(3) Medical Negligence.
On 10/4/23, Plaintiff filed a Proof of Service indicating
that Defendant Zerafat Nikou (Nikou) was served with the Summons and Complaint
via substituted service on 9/24/23 at her home located at 20702 Kittredge St.,
Canoga Park, California 91306 with subsequent mailing to the same address on
9/25/23. On 10/23/23, Nikou filed the
instant motion to quash the service at the Kittredge address which was originally
scheduled for hearing on 3/28/24.
On 11/15/23, Plaintiff filed an Amended Proof of Service
of Summons indicating that Nikou was served with the Summons and Complaint via
substituted service on 11/11/23 at her home located at 6225 Shoup Ave., #117,
Woodland Hills, California 91367 with subsequent mailing to the same address on
11/13/23. On 12/8/23, Nikou filed a
motion to quash the service at the Shoup address which is scheduled for hearing
on 6/24/24.
On 2/27/24, Plaintiff filed another Proof of Service
indicating that Nikou was served with the Summons and Complaint via substituted
service on 2/25/24 at her home located at 21301 Erwin St., Unit 207, Woodland
Hills, California 91367 with subsequent mailing on 2/26/24. The same proof of service documents were
filed again by Plaintiff on 2/29/24.
On 3/12/24, Nikou filed a Notice of Taking the 3/28/24
hearing on the Motion to Quash the Kittredge service off calendar. On 3/27/24, Nikou filed a Notice of
Continuance regarding the same motion indicating that the hearing on that
motion was continued to 5/20/24.
On 4/5/24, Nikou filed a motion to quash the service at
the Erwin address which was originally scheduled for hearing on 11/19/24. On 4/12/24, the Court advanced the 11/19/24
hearing to 4/12/24 and continued it to 6/24/24.
(See 4/12/24 Minute Order).
On 5/1/24, the Court continued the 5/20/24 hearing on the
motion to quash service at the Kittredge address to 5/23/24. On 5/7/24, Plaintiff filed an opposition to
the continued motion to quash. On
5/16/24, Nikou filed a reply to the opposition.
As noted above, the motion set for hearing on 5/23/24
addresses the service of summons and complaint at the Kittredge address. However, the opposition and reply papers also
discuss the service of the summons and address on Nikou at the Shoup and Erwin
addresses which are the subject of motions to quash scheduled to be heard on
6/24/24.
The Court finds that it is in the interests of justice
and judicial economy to consider the merits of all three motions to quash
service of the summons and complaint on Nikou at the same time. Therefore, the hearing on the instant motion
to quash regarding service at the Kittredge address is continued to 6/24/24 to
be heard with the other motions to quash service of the summons and complaint
on Nikou at the Shoup and Erwin addresses which are already scheduled for
hearing on that date.