Judge: Shirley K. Watkins, Case: LC064541, Date: 2022-07-28 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: LC064541    Hearing Date: July 28, 2022    Dept: T

TENTATIVE RULING 7/28/2022 Motion to quash

Denied.

Evidence Code section 630 states:  “The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, are presumptions affecting the burden of producing evidence.”

Evidence Code section 647 states:  “The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.”

The court has reviewed the evidence submitted.  Here, there is Declaration in Opposition to the Motion to Quash by Victor Curiel, a registered California process server.  His declaration sets forth the circumstances of the delivery of the Application and Order for Appearance and Examination (ORAP) for June 29, 2022.  A Motion to Quash was filed and set for hearing on 7/28/2022.  The ORAP was continued to 7/28/2022.  The Proof of Service was separately filed on 6/14/2022.

The presumption is that the facts in the declaration establishing service of the ORAP papers on Mr. Ghermezian is true.  The court has reviewed the declaration and finds it to establish facts showing service of the papers on Mr. Ghermezian establishing jurisdiction over him for the ORAP hearing.

Mr. Ghermezian filed a declaration in opposition to Mr. Curiel’s declaration.  His declaration fails to rebut the facts presumed to be true.  Accordingly, the court’s tentative ruling is to deny the Motion to Quash.  Should the court’s final decision on 7/28/2022 is to deny the motion the quash, Mr. Ghermezian’s ORAP will proceed following the hearing.

Tentative ruling submitted by email to:

raymond@ghermezianlaw.com 

mobasserlaw@gmail.com