Superior Court of California 

County of Los Angeles 

Department 78 

¿ 

 

In pro per Plaintiff Kimberly Ann Giles (“Plaintiff”) filed this action against defendants Housing Authority and Blanca Macris (collectively, “Defendants”) for alleged damages to personal property. 

Specially appearing Defendants move to quash service of the summons and complaint that was mailed to them. Defendant declares that there has been no attempt to serve by personal or substituted service. No proof of service of the summons and complaint has been filed by Plaintiff to date. 

However, the Court will not consider the motion on the merits until proper service of the motion has been effectuated. Defendant served Plaintiff with the moving papers by electronic service. Service by electronic service is authorized with conditions. Self-represented parties are to be served by non-electronic methods unless they affirmatively consent to electronic service (CRC Rule 2.251(c)(3)(B)). Further, CCP §1010.6(c) provides that a document may be served electronically to an unrepresented person by express consent. There is no evidence that Plaintiff expressly agreed to accept service by e-mail. 

Based on the foregoing, the motion is denied without prejudice. 

 

Moving Party is ordered to give notice. 

 

DATED: August 26, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

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 SMCDEPT78@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.