Judge: William A. Crowfoot, Case: 24NNCV04755, Date: 2024-11-06 Tentative Ruling

Case Number: 24NNCV04755    Hearing Date: November 6, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

LIPING HUANG,

                    Plaintiff(s),

          vs.

 

YIHANG DUAN,

 

                    Defendant(s).

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      CASE NO.: 24NNCV04755

 

[TENTATIVE] ORDER RE: MOTION TO QUASH SERVICE OF SUMMONS

 

Dept. 3

8:30 a.m.

November 6, 2024

 

On October 2, 2024, plaintiff Liping Huang (“Plaintiff”) filed this unlawful detainer action against defendant Yihang Duan (“Defendant”). On October 7, 2024, Plaintiff filed a proof of service reflecting that Defendant was personally served on October 4, 2024, at 325 N. Terrace View Dr, Monrovia, California.

On October 9, 2024, Defendant filed this motion to quash service of summons. The motion is unopposed.

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.)

Defendant argues that Plaintiff could not have personally served him at the address listed on the proof of service because he has been detained at Metropolitan Detention Center (“MDC”) since February 28, 2024. A copy of the pretrial detention order issued by United States Magistrate Judge Jacqueline Chooljian is attached as Exhibit B to the motion. A copy of a printout from www.bop.gov is attached as Exhibit C and shows that Defendant has an unknown release date and is located at MDC.  

Plaintiff did not oppose this motion and therefore failed to establish the facts required for effective service. Accordingly, the motion is GRANTED.

Moving party to give notice.

Dated this 6th day of November 2024

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.