Judge: Olivia Rosales, Case: 22NWCV00400, Date: 2022-08-10 Tentative Ruling

Case Number: 22NWCV00400    Hearing Date: August 10, 2022    Dept: SEC

WASHINGTON v. REID

CASE NO.:  22NWCV00400

HEARING:  8/10/22 @ 1:30 PM

JUDGE:  RAUL A. SAHAGUN

#Add-On

TENTATIVE RULING

Defendant Reid’s unopposed motion to quash service of summons is GRANTED.

Moving Party to give NOTICE.

Defendant Ersell Reid moves to quash service of summons pursuant to CCP § 415.45.

CCP § 415.45 provides:

(a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that: (1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or (2) The party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding such party from any interest in such property.

(b) The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last known address.

(c) Service of summons in this manner is deemed complete on the 10th day after posting and mailing.

(d) Notwithstanding an order for posting of the summons, a summons may be served in any other manner authorized by this article, except publication, in which event such service shall supersede any posted summons.

The Application for Order to Post contains a declaration of due diligence stating that service attempts were made on May 26-30, and June 1, 2022.  Reid has submitted a declaration, attesting that he was home at all times of the claimed attempted services.  (Reid Decl., ¶¶ 5-14.)

Plaintiff failed to file any Opposition.  The court finds that Defendant has overcome the presumption of valid service.  (Ev. Code 647.) 

Accordingly, sub-service upon Ersell Reid was improper.  The motion is GRANTED.