Judge: Nathan Vu, Case: 2020-01171278, Date: 2022-09-19 Tentative Ruling

Case Management Conference

Order to Show Cause re: Failure to Appear

These matters will be trailed to after the hearing on the Motion to Quash Service of Summons.

Motion to Quash Service of Summons

The motion to quash service of summons of Defendant Yuzheng Shen is GRANTED.

Specially appearing Defendant Yuzheng Shen moves to quash service of summons allegedly effectuated on 05/19/2022.

Civil Procedure Code section 418.10(a) provides that a defendant may serve and file a notice of motion to quash service of the summons on the ground of lack of jurisdiction over the defendant. “When a defendant challenges the court’s personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove . . . the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, internal quotes omitted; see Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.)

Thus, the burden is on the plaintiff to demonstrate by a preponderance of the evidence that all jurisdictional criteria are met. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232.) If plaintiff meets this burden, “it becomes the defendant’s burden to demonstrate that the exercise of jurisdiction would be unreasonable.” (Buchanan v. Soto (2015) 241 Cal.App.4th 1353, 1362.)

Substituted Service of Process

The Civil Procedure Code provides for four methods of service of process, including personal service (Section 415.10), substituted service (Section 415.20), service by mail with acknowledgment of receipt (Section 415.30), and publication (Section 415.50). Substituted service requires 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 . . . .” and mailing a copy to the person. (Civil Proc. Code, § 415.20, subd. (b).)

Plaintiff Ling Han fails to meet her burden to show substituted service on Defendant Shen. The proof of service shows a copy of the summons and complaint were left at a residential address in Irvine, California. (See Proof of Service of Summons filed 05/27/2022 [ROA 71].) Defendant Shen submits evidence showing that she did not use that address as her mailing address at the time of service. (See Shen Decl., ¶ 5.) Defendant Shen also presented evidence that the address has not been associated with Shen’s real estate license since April 24, 2022, several weeks before the purported service. (See id., ¶ 8.)

Plaintiff did not file an opposition to the motion and did not present any evidence in response to the motion. Plaintiff has therefore failed to meet her burden.

Specially-appearing Defendant Shen shall give notice of this ruling.