Judge: Ronald F. Frazier, Case: 37-2020-00018420-CU-PO-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  PI/PD/WD - Other Motion to Quash (Civil) 37-2020-00018420-CU-PO-CTL CORREIA VS M & F FISHING INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Quash Service of Summons, 10/24/2022

Cross-Defendants Assuranceforeningen Skuld (Gjensidig), Skuld Mutual Protection and Indemnity Association (Bermuda) Ltd., and Skuld North America, Inc.'s (collectively, 'Skuld') Motion to Quash Service of September 9, 2022 Summons is GRANTED. (ROA 110.) Cross-Complainant M&F Fishing, Inc. filed a Cross-Complaint against Skuld on July 22, 2022.

Summons on the Cross-Complaint was issued on September 9, 2022.

Skuld's motion fails to identify the location of the principal place of business for any of the Skuld entities.

However, the Cross-Complaint alleges Skuld is a non-admitted alien insurer. (XC at ¶ 2.) Further, Skuld contends it was not properly served with the summons and Cross-Complaint pursuant to Insurance Code sections 1610 and 12931.

More specifically, Skuld contends service has not been properly effectuated because M&F Fishing complied with two requirements contained in section 12931. This statute provides that service may be made upon a non-admitted insurer by delivering two copies of the summons and cross-complaint to the Commissioner for each defendant, accompanied by a $12 payment per defendant. (Ins. Code § 12931(a).) Upon receipt, the Commissioner is required to mail one copy by certified mail (or by registered mail where certified mail is not available) to the defendant's last known principal place of business. (Ins. Code § 12931(c).) The other copy is retained by the Commissioner as a public record for two years. (Ibid.) The statute goes on to state: 'Service made in the manner provided for in this section is valid and sufficient and gives jurisdiction over the person of a nonadmitted or unauthorized defendant, provided notice of such service and a copy of the process, notice, or papers being served are sent within 10 days thereafter by certified mail (or by registered mail if it is addressed to an area outside of the United States where certified mail service is not available) by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the receipt or the receipt of defendant's agent for such copy, showing the name of the sender and the name and address of the addressee-defendant thereon, and the affidavit of plaintiff or plaintiff's attorney showing compliance with this section, are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within further time as the court may allow.' (Ins. Code § 12931(d).) Skuld contends service was not properly effectuated because 1) M&F Fishing never filed the required affidavit demonstrating compliance with section 12931, and 2) M&F Fishing never filed a receipt for Skuld or its agent.

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2939066  7 CASE NUMBER: CASE TITLE:  CORREIA VS M & F FISHING INC [IMAGED]  37-2020-00018420-CU-PO-CTL M&F Fishing has provided evidence of two certified mail returned receipts from SKULD Mutual Protection and Indemnity Association (Bermuda) Ltd. and from Assuranceforeningen SKULD (Gjensidig). (NOL at Exh. C.) However, there is no evidence of receipt by Skuld North America, Inc.

There is also no evidence that M&F Fishing filed the required affidavit 'on or before the date the defendant is required to appear, or within further time as the court may allow.' (Ins. Code § 12931(d).) Accordingly, the court concludes M&F Fishing has not met its burden to offer sufficient evidence of proper service on the moving Defendants. Service of the summons and Cross-Complaint on the moving Defendants is quashed.

In light of the court's ruling granting the motion to quash, the Skuld Defendants' Motion to Stay or Dismiss the Cross-Complaint is ordered VACATED as moot. (ROA 112.) Calendar No.: Event ID:  TENTATIVE RULINGS

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