Judge: Nick A. Dourbetas, Case: 2023-01325146, Date: 2023-07-21 Tentative Ruling

Motion to Quash Service of Summons

Specially appearing defendant Vince Holding Corp.’s Motion to Quash Service of Summons is GRANTED.

Under Corporations Code §2110, which is identified in CCP §416.10, a foreign corporation such as Vince may serve “any officer of the corporation or its general manager in this state. . . .”  [Corporations Code §2110(a)] After a careful review of the parties’ papers and its own files, the Court concludes that plaintiff Mansa holding company has not met its burden of proving proper service.  [Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413]

Plaintiff has not shown that Catalina Supancheck was a “general manager” within the meaning of the term as used by Corporations Code §2110.  Under this section, a general manager must perform duties that are important to the operation of the overall business or run a local corporate office.  [Carl. F. Borward G.M.B.H. v. Superior Court (1958) 2 51 Cal.2nd 72, 78; Perkins v. Louisville & N.R. Co. (SD CA 1951) 94 F. Supp. 946, 952] No authority is cited saying the general manager of one retail store is a general manager of the entire organization.  Plaintiff’s papers indicate that Mansa may have used a “person apparently in charge” analysis.  This does not apply here.

The Summons on Vince Holding Corp. is quashed.

Moving Party shall give notice.