Judge: Theresa M. Traber, Case: 23STCV08596, Date: 2023-11-06 Tentative Ruling

Case Number: 23STCV08596    Hearing Date: April 17, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     April 17, 2024                        TRIAL DATE: NOT SET

CASE:                         Martin Melendez-Murillo et al. v. AKG Trading (USA), Inc., et al.

CASE NO.:                 23STCV08596           

MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT

MOVING PARTY:               Defendant Guidoni USA, Inc.

RESPONDING PARTY(S): Plaintiffs Martin Melendez-Murillo and Rufina Barajas

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a toxic tort action, filed on April 18, 2023, alleging that Plaintiff Melendez-Murillo developed silicosis and consequential injuries by breathing in dust from Defendants’ stone products generated by his work as a fabricator and polisher of stone countertops.

Defendant Guidoni USA, Inc. moves to quash service of the summons and complaint for lack of personal jurisdiction.

TENTATIVE RULING:

Defendant Guidoni USA, Inc. moves to quash service of the summons and complaint for lack of personal jurisdiction. Defendant filed and served an Entry of Appearance in this case on November 29, 2023. (Entry of Appearance filed November 29, 2023.) “By generally appearing, a defendant relinquishes all objections based on lack of personal jurisdiction or defective process or service of process.” (In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 8.) Defendant has therefore waived the right to object for lack of personal jurisdiction.

Accordingly, Defendant Guidoni USA, Inc.’s Motion to Quash Service of the Summons and Complaint is DENIED.

            Defendant is ordered to file a demurrer, answer, or other responsive pleading per code.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  April 17, 2024                                    ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.