Judge: Michelle C. Kim, Case: 21STCV20852, Date: 2024-04-30 Tentative Ruling

Case Number: 21STCV20852    Hearing Date: April 30, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

NATACIA SAMAYOA, 

Plaintiff(s),  

vs. 

 

RODRIGO SALDANA, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV20852 

 

[TENTATIVE] ORDER DENYING MOTION TO QUASH SERVICE OF SUMMONS WITHOUT PREJUDICE 

 

Dept. 31 

1:30 p.m.  

April 30, 2024 

 

On January 24, 2024, defendant Rodrigo Saldana (“Defendant”) filed the instant motion to quash service of the summons and complaint. Defendant is in pro per. 

 

The Court is unable to address the motion on its merits due to a number of procedural deficiencies. First, the Notice of motion provides that the date of the hearing is January 21, 2024 (Sunday) at 10:03 p.m. The hearing date and time is impossible. The Court is not open on the weekend nor in the evening, and it does not accurately reflect the actual date and time reserved for the motion.  

 

Second, and more importantly, there is no proof of service demonstrating that plaintiff Natacia Samayoa (“Plaintiff”) had been served with the motion. Pursuant to Cal. Civ. Code §1005(b), all moving and supporting papers shall be served and filed at least 16 court days before the hearing. If notice is served by mail, the required 16-day notice period before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California. (Ibid.) If notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the period of notice shall be increased by two calendar days. (Ibid.) No proof of service accompanied the motion, nor was there any proof of service separately filed, demonstrating compliance with this code section.  

 

Accordingly, Defendant’s motion to quash is DENIED without prejudice. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

Dated this 29th day of April 2024 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court