Judge: Shirley K. Watkins, Case: 23VECV00750, Date: 2023-05-09 Tentative Ruling

Case Number: 23VECV00750    Hearing Date: May 9, 2023    Dept: T

23VECV00750 SRI, LLC vs PABLO TORRES, AN INDIVIDUAL

MOTION TO QUASH SERVICE OF SUMMONS (SECOND MOTION): DENIED

The commercial lease attached to the complaint identifies the property as 8500-8750 Van Nuys Blvd.  The Tenant is identified as Providencia, LLC, Pablo Torres, an individual.  The tenant’s trade name is La Tapachulteca.  The tenant’s business address is 8700 Van Nuys Blvd.  Paragraph 20 of the lease advises that notices are to be given to the 8700 Van Nuys Blvd. address.  The original motions to quash were based on the 8700 address as an improper location for substituted service.  Based upon the commercial lease, Mr. Torres’ business address and the address of the market which is the tenant and the address to which notices were to be given to Mr. Torres is the 8700 Van Nuys Blvd. address.  While Providencia’s “mailing address” for service of process may be at an address which is apparently reached only by going through the 8700 market to a stairway “at the back of the store” leading upstairs which has a different address, to an area which does not appear to be publicly available, it was clear that Mr. Torres works at the 8700 address, and that Mr. Torres agreed that 8700 was his business address and where he could receive notices and he, in fact, has received multiple copies of the complaint at that 8700 address.  The tenant is at 8700.  Mr. Torres works at 8700.  He was not available when the process server came.  There is no evidence that the process server was instructed to go up the back stairway; instead, he left the documents at 8700, they were mailed to 8700 and Mr. Torres received mail addressed as 8700.  The second motion to quash is denied. Mr. Torres is mistaken that the only place he can be served is the address for service of process.  He can be substituted served at his usual place of business.  8700 Van Nuys Blvd. is, by his agreement in the the lease, Mr. Torres' usual place of business   Service is proper.  The motions to quash are, again, denied.  The court considers whether it will set an OSC re sanctions per CCP section 128.7 for frivolous motions.  Defendants have persisted in this motion even though their petition for writ on the first denial of the motion was denied on 5/3/2023.