Judge: Stephen P. Pfahler, Case: 24STCV07704, Date: 2024-08-15 Tentative Ruling

Case Number: 24STCV07704    Hearing Date: August 15, 2024    Dept: 68

Dept. 68

Date: 8-15-24

Case #24STC07704

Trial Date: Not Set

QUASH SERVICE

MOVING PARTY: Specially Appearing Defendants, Snappt, Inc., et al.

RESPONDING PARTY: Unopposed/Plaintiff, Jameelah Kates, pro per

RELIEF REQUESTED

Motion to Quash Service of the Summons

SUMMARY OF ACTION

On March 27, 2024, Plaintiff Jameelah Kates, in pro per, filed a complaint regarding some form of alleged fraudulent documents and/or deceptive practice.

RULING: Granted.

Request for Judicial Notice: Granted.

Specially Appearing Defendants Snappt, Inc. and Daniel Berlind move to quash service of the summons and complaint on grounds of invalid service. Defendants contends a certified mail envelop to CFO Evan Heuser, both lacked any operative documents other than a notice of case assignment and Alternative Dispute Resolution Packet, and the attempted mail service itself was improper. Further, the actual identified person in the proof of service as the intended recipient, Majoj Chalam, is not actually Heuser, but an unknown third party unrelated to Defendants. [Declaration of Evan Heuser.]

The court electronic filing system shows no opposition or reply at the time of the tentative ruling publication cutoff. Defendants filed a notice of non-opposition.

A plaintiff has the initial burden to establish valid statutory service of a summons and complaint. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413; Dill v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1439-40; Floveyor Internat. v. Sup. Ct. (1997) 59 Cal.App.4th 789, 794.) The April 8, 2024, filed proof of service indicates service by mail on March 29, 2024, and/or April 9, 2024 (the day after executed and filed proof of service). The court finds no valid basis of service established from the proof of service. The court also accepts the unchallenged declaration of Heusuer, as a basis for finding incomplete service.

The service of process is therefore determined invalid. The unopposed motion is granted.

Case Management Conference and OSC re: Failure to File Proof of Service set for August 26, 2024.

Specially Appearing Defendants to provide notice.