Judge: Robert B. Broadbelt, Case: 24STCV27396, Date: 2025-01-07 Tentative Ruling

Case Number: 24STCV27396    Hearing Date: January 7, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Ishaan Dalal

RESPONDING PARTY:       Unopposed

Motion to Quash Service of Summons

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Defendant Ishaan Dalal (“Defendant”) moves the court for an order quashing service of the summons and complaint in this action, filed by plaintiffs TaxAnxiety.Com Inc. and Rick Cordell, individually and as trustee for the Rosenberg-Cordell Trust (“Plaintiffs”).

The court finds that Defendant has not provided Plaintiffs with sufficient notice of the hearing on this motion.

“[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  (Code Civ. Proc., § 1005, subd. (b).)  “However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . .”  (Ibid.)

Defendant served the pending motion to quash service of summons on counsel for Plaintiffs by mail on December 9, 2024.  (Def. Mot., p. 14, Proof of Service by Mail.)  However, for a hearing date of January 7, 2025, Defendant was required to serve Plaintiffs with the pending motion by at least December 6, 2024 (16 court days before the hearing + 5 calendar days for service by mail).[1]  (Code Civ. Proc., §§ 1005, subd. (b), 12, 12a, subd. (a).) 

Thus, the court finds that Defendant did not provide Plaintiffs with sufficient notice of the hearing on this motion.  Moreover, Plaintiffs did not file any opposition papers in connection with this motion, such that the court cannot exercise its discretion to consider the motion on the merits.

The court therefore finds that it is appropriate, and exercises its discretion, to continue the hearing on Defendant’s motion to ensure that Plaintiffs are given sufficient notice of the hearing thereon.

ORDER

            The court orders that the hearing on defendant Ishaan Dalal’s motion to quash service of summons is continued to February 21, 2025, at 10:00 a.m., in Department 53.

            The court orders defendant Ishaan Dalal (1) to give notice of this ruling to plaintiffs TaxAnxiety.Com Inc. and Rick Cordell, individually and as trustee for the Rosenberg-Cordell Trust, and (2) to file a proof of service of the notice of ruling with the court no later than January 17, 2025.

IT IS SO ORDERED.

DATED:  January 7, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court