Judge: William A. Crowfoot, Case: 20STCV22632, Date: 2022-10-25 Tentative Ruling

Case Number: 20STCV22632    Hearing Date: October 25, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MONICA HERNANDEZ,

                   Plaintiff(s),

          vs.

 

EZ MAILING SERVICES, et al.,

 

                   Defendant(s).

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      CASE NO.: 20stcv22632

 

[TENTATIVE] ORDER RE: DEFENDANTS EZ MAILING SERVICES AND MIARAH McKENZIE’S MOTION TO QUASH SERVICE OF SUMMONS

 

Dept. 27

1:30 p.m.

October 25, 2022

 

On June 16, 2020, plaintiffs Monica Hernandez and Joseph Garcia (collectively, “Plaintiffs”) filed this action against defendants EZ Mailing Services (“EZ Mailing”) and Miarah McKenzie (“McKenzie”) (erroneously sued as “Miarah McKinzie”) (collectively, “Defendants”).  On May 13, 2021, Plaintiffs filed the operative First Amended Complaint (“FAC”).  On a proof of service filed on December 10, 2021, Plaintiffs represent that EZ Mailing was personally served on September 13, 2021 at 10:00 a.m. by serving a “male 20-30 years old” at 619 Hindry Avenue in Inglewood, California.  On another proof of service filed on December 10, 2021, Plaintiffs represent that McKenzie was served on September 13, 2021 at 2:00 p.m. at 517 N. Orange Privado in Ontario, California. 

On October 3, 2022, Defendants filed this motion to quash service of summons. 

Personal service may be accomplished by personally delivering a copy of the summons and complaint to the person to be served.  (Code of Civ. Proc., § 415.10.)  When a defendant moves to quash service of summons, the plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to an effective service.”  (Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868.)

Plaintiffs did not oppose this motion and did not meet their burden of proving the facts required to establish that Defendants were properly served.  Accordingly, Defendants’ motion is GRANTED.

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.