Judge: Michael Small, Case: 25STCV00821, Date: 2025-02-24 Tentative Ruling

Case Number: 25STCV00821    Hearing Date: February 24, 2025    Dept: 57

The Defendant's motion to quash service of the summons and complaint on it in this unlawful action is denied.  The record before the Court shows that the Plaintiff properly served the summons and complaint on the Defendant through substituted service.   The initial proof of service was defective because it was not accompanied by the process server's declaration of reasonable diligence, which is necessary for substitute service in lieu of personal service to be valid.  However, the process server subsequently submitted a code-complaint declaration of reasonable diligence for purposes of the substituted service on the Defendant that was made.

Defendant's argument that the Plaintiff sued the wrong party and that it should not be in the case is misplaced in a motion to quash service and summons of the complaint.

With the denial of the Defendant's motion to quash, the Court will proceed at the case management conference today to set a trial in this action.