Judge: Richard S. Whitney, Case: 37-2023-00001083-CU-BC-CTL, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 07, 2023

09/08/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Motion to Quash (Civil) 37-2023-00001083-CU-BC-CTL KOTULSKI VS KNIGHT LAW GROUP LLP [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: SPECIALLY APPEARING DEFENDANT KNIGHT LAW GROUP LLP'S UNOPPOSED MOTION TO QUASH PLAINTIFF'S SERVICE OF SUMMONS AND COMPLAINT is GRANTED.

Failure to file any opposition to the motion indicates Plaintiff DAVID KOTULSKI's ('Plaintiff') acquiescence that the motion is meritorious. (See California Rules of Court, Rule 8.54(c).) '[O]nce a defendant files a motion to quash the burden is on the plaintiff to prove by a preponderance of the evidence the validity of the service and the court's jurisdiction over the defendant.' (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff purportedly served Specially Appearing Attorneys for Defendant KNIGHT LAW GROUP LLP ('KNIGHT') via substitute service, but Plaintiff has not filed a proof of service that indicates the papers were left with a person at least 18 years of age apparently in charge at the office or usual place of business of KNIGHT. Plaintiff has failed to oppose the motion and to demonstrate that service was proper. The motion is granted.

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