Judge: Michael P. Linfield, Case: 24STCV05646, Date: 2024-05-17 Tentative Ruling

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Case Number: 24STCV05646    Hearing Date: May 17, 2024    Dept: 34

SUBJECT:        Motion to Quash Service of Summons

Moving Party: Specially-Appearing Defendants Maimouna Ndao, Adam Breuer, Jutta Ndao, in propria persona

Resp. Party:    None

The Motion to Quash Service of Summons is DENIED.

BACKGROUND:

On March 6, 2024, Plaintiff La Park La Brea A, LLC filed its Complaint against Defendants Maimouna Ndao, Adam Breuer, and Jutta Ndao on a cause of action for unlawful detainer.

On March 7, 2024, Plaintiff filed various Notices of Unlawful Detainer.

On April 2, 2024, Plaintiff filed its Application to Serve Summons by Posting for Unlawful Detainer.

On April 2, 2024, the Court issued its Order to Serve Summons by Posting for Unlawful Detainer.

On April 15, 2024, Specially-Appearing Defendants Maimouna Ndao, Adam Breuer, and Jutta Ndao, in propria persona filed their Motion to Quash Service of Summons.

On May 2, 2024, Plaintiff filed Judicial Council Forms POS-010, Proofs of Service of Summons regarding each Defendant.

ANALYSIS:

I.          Legal Standard

“A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.” (Code Civ. Proc., § 415.10.)

“In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.” (Code Civ. Proc., § 415.20, subd. (a).)

“If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.” (Code Civ. Proc., § 415.20, subd. (b).)

“A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender.” (Code Civ. Proc., § 415.30, subd. (a).)

“Service of a summons pursuant to this section is deemed complete on the date a written acknowledgement of receipt of summons is executed, if such acknowledgement thereafter is returned to the sender.” (Code Civ. Proc., § 415.30, subd. (c).)

“A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.” (Code Civ. Proc., § 415.40.)

“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.” (Code Civ. Proc., § 418.10, subd. (a)(1).)

II.       Discussion

Specially-Appearing Defendants move the Court to quash service of summons, arguing that the summons and complaint were not properly served. (Motion, p. 3:10–16.)

Notably, Specially-Appearing Defendant Adam Breuer Adam Breuer declares, among other things: (1) that an application for “post and mail” was granted on April 2, 2024; (2) that “papers” were taped to their door on April 6, 2024”; and (3) that “[s]hould proper service be effectuated, we will withdraw this motion.” (Motion, p. 4:12–22.)

Plaintiff appears to have responded to the Motion by filing Proofs of Service of Summons, which include certified mail receipts from the United States Postal Service.

There has been no further response by Specially-Appearing Defendants.

        On April 2, 2024, the Court ordered: “The defendant(s) named in the application may be served by posting a copy of the summons and complaint on the premises in a manner most likely to give actual notice to the defendant(s), and by immediately mailing, by certified mail, a copy of the summons and complaint to the defendant(s) at his/her last known address.” (Order to Service Summons by Posting for Unlawful Detainer, p. 2.)

        According to Specially-Appearing Defendants, the posting did occur after the order; according to the certified mail receipts provided by Plaintiff, it appears that the certified mailing has since occurred as well.

        Service appears proper.

III.     Conclusion

The Motion to Quash Service of Summons is DENIED.