Motion Types Legal Issues

What is a Motion to Quash Service of Summons?

Most Useful Motion to Quash Service of Summons Examples

Recent Examples of Motion to Quash Service of Summons

1-25 of 500 results

MATTER OF CARRARI FAMILY TRUST

Nature of Proceedings: (1) Ex Parte Hearing re Lack of Portable Water (2) Motion to Disqualify Counsel (3) Motion to Vacate Orders (4) Motion to Quash Subpoena (5) Motion to Quash Subpoena (6) Amended Pet to Remove Angelina Dettamanti as Trustee # 18PR00334 Matter of Carrari Family Trust Est. February 28, 2002 Hearing Date: 2/20/2020 HEARINGS: (1) Dettamanti’s motion to ...

...imposition of sanctions against counsel, and impose actual and punitive damages, legal fees, and court costs. (2) Dettamanti’s motion to vacate orders and dismiss (3) Motion by non-party Marcial Lopez to quash deposition subpoena for personal appearance and production, and/or for protective order, and sanctions ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for Petitioner Linda Kopcrak, as Beneficiar...

  • Hearing

    Feb 20, 2020

COVINA OFFICE BUILDING, LLC VS LINGLING WANG

...Jianbin Yuan’s MOTION TO QUASH SERVICE ON GROUND OF LACK OF IN PERSONAM JURISDICTION Responding Party: Plaintiff, Covina Office Building, LLC Tentative Ruling Defendant Jianbin Yuan’s Motion to Quash Service on Ground of Lack of In Personam Jurisdiction is DENIED as MOOT. Background This is an unlawful detainer action regarding the premises located at 1900 W. Garvey Ave. South #150, West Covina, CA 9179...

...(“Wang”) and Does 1-10 for: Unlawful Detainer On January 15, 2020, Wang’s default was entered. Discussion Plaintiff moves the court for judgment on the pleadings against New Century and All Persons. The motion is summarily DENIED as MOOT. The complaint was filed on November 12, 2019. This instant motion was filed by Jianbin Yuan on November 21, 2019. On December 4, 2019, Plaintiff filed an Amendment to Com...

  • Hearing

    Feb 19, 2020

ALEXANDER COMPTON VS CATHOLIC CHARITIES USA, ET AL.

...v. catholic charities usa, et al. Defendants. Case No.: 18STCV04625 Hearing Date: February 14, 2020 [TENTATIVE] order RE: defendant holly duanielle martin-campbell’s Motion to quash SERVICE OF the summons and complaint Background On November 11, 2018, Alexander Compton (“Plaintiff”) filed the instant action against Holly Daunielle Martin-Campbell (“Defendant”), Catholic Charities USA, Catholic Charit...

...of Cal. Civ. Code § 1708.5, and (6) intentional infliction of emotional distress. On August 16, 2019, Defendant filed the instant motion to quash service of the summons, contending that the service of summons was improper. On January 31, 2020, Plaintiffs filed an opposition. On February 11, 2020 – two court days before the hearing – Defendant filed a reply, which the Court declines to consider because of ...

  • Hearing

    Feb 14, 2020

DEUTSCHE BANK NATIONAL TRUST COMPANY VS JUAN LOPEZ ET AL

Nature of Proceedings: Motion: Summary Judgment/Adjudication TENTATIVE RULING: For the reasons set forth herein, unless a defendant files written opposition showing, or a defendant appears at the hearing of this motion and show...

...of material fact exists, the court will grant Bank’s motion for summary judgment as to each defendant not making such a showing. Background: As set forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cindere...

  • Hearing

    Feb 14, 2020

ZIONS BANCORPORATION N.A., A NATIONAL BANKING ASSOCIATION VS STEPHANIE SMITH , ET AL.

Defendant Stephanie Smith’s Motion to Set Aside Default and Quash Service of Summons is DENIED. OBJECTIONS ZB objects to the Smith declaration on the grounds that it, though executed under penalty of perjury, does not state where it is executed or that it is executed under the laws ...

...but given the procedural and easily fixed nature of this defect, the court will allow Smith a reasonable time to render the declaration in compliance with statute. MOTION FOR RELIEF FROM DEFAULT AND TO QUASH Code of Civil Procedure section 473, subdivision (b) states: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or ot...

  • Hearing

    Feb 13, 2020

PARRISH VS SPAMAN

The motion of Defendants MC Sign LLC and Arcapita Investment Management US Inc. to quash service of summons is granted. Defendants' evidentiary objections are sustained. Judicial notice is granted as requested. Plaintiff has failed to establish by a preponderance of evidence that California has general or s...

  • Hearing

    Feb 13, 2020

PARRISH VS SPAMAN

The motion of Defendants MC Sign LLC and Arcapita Investment Management US Inc. to quash service of summons is granted. Defendants' evidentiary objections are sustained. Judicial notice is granted as requested. Plaintiff has failed to establish by a preponderance of evidence that California has general or s...

  • Hearing

    Feb 13, 2020

JAIMIE VALENZUELA, ET AL. VS MARTIN ANDALUZ ABARCA, ET AL.

...Abarca, et al. (19STCV10467) ______________________________________________________________________________ Specially Appearing Defendants Honda Motor Co., Ltd.’s and Honda R&D Co., Ltd.’s MOTION TO QUASH SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT Responding Party: Plaintiffs, Jaime Valenzuela, individually, and as successor in interest to Irving Valenzuela, deceased, and Tammy Martinez, individual...

...individually, and as successor in interest to Irving Valenzuela, deceased Tentative Ruling Specially Appearing Defendants Honda Motor Co., Ltd.’s and Honda R&D Co., Ltd.’s Motion to Quash Service of Summons on First Amended Complaint is GRANTED. Background This lawsuit arises out of a July 9, 2017 fatal motor vehicle collision. On May 24, 2019, R&R Auto Group, Inc. (erroneously named and served as R&R...

  • Hearing

    Feb 11, 2020

CRESCENT TECHNOLOGIES LIMITED VS. ERIC HARR, ET AL

NATURE OF PROCEEDINGS: MOTION QUASH — THE SERVICE OF SUMMONS AND COMPLAINT [DEFT] AHMAD ASHKAR RULING Defendant Ahmad Ashkar’s motion to quash service of summons is continued to April 21, 2020 at 1:30 pan. to allow for discovery on the issue of jurisdiction. Contrary to Ashkar’s argument, the court may allow discovery in response to a request in a plaintiff’s...

...to conduct discovery with regard to the issue of jurisdiction to develop the facts necessary to sustain [its] burden.” (1d, at 710.) It did not address the timing of the request. In opposition to the motion, Plaintiff argues that Ashkar is a member of the LLCs and may be liable for their debts based upon their defacto dissolution, The problem with this argument is that it fails to recognize that “’[l]iab...

  • Hearing

    Feb 11, 2020

AMSS, LLC V. LOS MEGANOS HOME OWNERS ASSOCIATION

...Fees Attorneys: For Petitioner AMSS, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns For Respondent Los Meganos Home Owners Association: Dana J. Rosenberg RULING: As set forth herein, the motion of petitioner AMSS, LLC, for an award of attorney fees is granted in part. The Court awards attorney fees in favor of petitioner AMSS, LLC, and against respondent Los Meganos Home Owners Association i...

...August 12, 2019, AMSS filed its petition in this action to confirm the arbitration award as a judgment. On September 16, 2019, Los Meganos filed a motion to quash service of summons on the petition. The motion was opposed by AMSS. On September 30, 2019, Los Meganos filed a notice of related cases, identifying this petition as related to the prior litigation between the parties. On October 7, 2019, AMSS fi...

  • Hearing

    Feb 11, 2020

JONATHON MARQUEZ VS BUM JIN AN

[TENTATIVE] ORDER RE: MOTION TO QUASH SERVICE OF SUMMONS AND SET ASIDE DEFAULT On August 21, 2019, plaintiff Jonathon Marquez filed this action against Defendant Bum Jin An. On October 30, 2019, Plaintiff field a proof of service of summons stating he serv...

...2020, Defendant filed this motion to quash service of summons and set aside the default. Plaintiff did not file an opposition. 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.) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person being served, su...

  • Hearing

    Feb 10, 2020

CHAN WOO JANG VS YOUNG C OH, ET AL.

...amendments to the Second Cause of Action. For the time being, the demurrer to this cause of action is SUSTAINED with leave to amend. 1 Specially Appearing Defendant Hoon Oh’s motion to quash service of summons is GRANTED. Specially Appearing Defendant Hoon Oh (“Defendant Oh”) moves to quash defective service. A defendant, on or before the last day of his or her time to plead or within any further time tha...

...a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP § 418.10(a)(1).) A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. (CCP § 415.10.) Defendant Oh attests that he was not personally served, nor did he receive any summons and complaint from anyone. (Oh Decl., ¶ 2-4.) T...

  • Hearing

    Feb 10, 2020

JACQUELINE CANNON VS MANDY KOFSKY, ET AL.

Motion by Defendant Anthony Kofsky to Quash Service of Summons and Complaint on Mandy Kofsky is DENIED. A specially appearing defendant can move to quash based on lack of jurisdiction. Here, the motion is made by co-Defendant Anthony Kofsky to quash service of t...

  • Hearing

    Feb 10, 2020

FIRST GROUP AGRICULTURAL LLC VS EMERALD AGRICULTURE, LLC, A OREGON LIMITED LIABILITY COMPANY, ET AL.

...GDCV00670 Case Name: First Group Agricultural LLC v. Emerald Cultural, LLC, et al. MOTION TO QUASH SERVICE MOTION FOR SANCTIONS Moving Party: Defendants Emerald Agricultural, LLC, Julie Kirk and Lisa Conrad (Quash) Plaintiff First Group Agricultural, LLC (Sanctions) Responding Party: Plaintiff First Group Agricultural, LLC (Quash) Defendants Emerald Agricultural, LLC, Julie Kirk and Lisa Conrad (Sanctions) ...

...of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. (2) to stay or dismiss the action on the ground of inconvenient forum.” (Emphasis added). CCP section 415.10 provides that: “A su...

  • Hearing

    Feb 7, 2020

VIDEO SYMPHONY, LLC VS SEAN ROWE, ET AL.

Video Symphony v Rowe Motion to Quash Service Calendar: 02 Case No.: 19BBCV00622 Hearing Date: February 07, 2020 Action Filed: July 18, 2019 Trial Date: Not Set MP: Specially Appearing Defendant Nancy Rowe RP: Plaintiff Video Symphony, L...

...instant motion to quash on January 06, 2020. Plaintiff filed an opposition brief 5 Court Days late on February 03, 2020. No reply brief has been received. RELIEF REQUESTED: Nancy moves to quash service of summons for lack of personal jurisdiction pursuant to Code of Civ. Proc. §418.10. DISCUSSION: Standard of Review – Without valid service of a summons, the court never acquires jurisdiction over a defendant....

  • Hearing

    Feb 7, 2020

SETH ROGERS V. ITY LABS CORP., ET AL.

...the company he and Cong created, iTy Labs Corp.; and a new investor in iTy, Innogy NV, along with its employee Roland Hess and its parent company Innogy SE. Before the Court is a motion by Hess to quash service of process pursuant to Code of Civil Procedure section 418.10, which Rogers opposes. I. Factual and Procedural Background According to the First Amended and Supplemental Complaint (“FAC”), Rogers an...

...Declaration of Due Diligence” regarding his attempted service of Hess. The proof of service reflects that the amendment to the original complaint naming Hess as a Doe defendant, amended summons to Hess, and motion for leave to file the FAC were mailed to Hess at two addresses: Roland Hess Roland Hess c/o Innogy New Ventures LLC c/o iTY Labs Corp. 437 Kipling St. 1506 Phantom Ave. Palo Alto, CA 94301 San Jos...

  • Hearing

    Feb 7, 2020

SMITH V. SODERSTROM

Before the Court are a Motion to Quash Service and a Demurrer to Plaintiffs’ First Amended Complaint (the “FAC”), both filed by defendant Randy Soderstrom (here “MP”). MP’s Motion to Quash is DENIED. In the absence of a voluntary submission to the...

...(1994) 24 Cal.App.4th 1426, 1439-1440; C.C.P. § 410.50.) A Motion to Quash is the appropriate mechanism to assert a claim that service was not properly effectuated. (C.C.P. §418.10(a)(1).) MP argues that service was not properly effectuated because he was never personally served with the summons and complaint, citing C.C.P. § 415.10. However, that is only one of a number of possible methods of service. (C.C.P...

  • Hearing

    Feb 6, 2020

KINNEY VS BIOMET INC

...Counsel is responsible to pay the annual fee to the bar. Specially-Appearing Defendants ZIMMER BIOMET HOLDINGS, INC.; JOHN CUCKLER, M.D.; and ALABAMA MEDICAL CONSULTANTS, INC.'S Motion to Quash Service of Summons is GRANTED. This is a products liability action arising from personal injuries related to a hip replacement system known as the Biomet "M2a Hip System." This system is allegedly unique in that it uses...

...entered between Alabama Medical Consultants, Inc. indicate that AMC was hired to provide John Cuckler M.D.'s technical skills and services to Biomet in connection with the development, marketing, and promotion of the M2a System, including attending seminars, shows, conventions and the like, and conducting presentations and demonstrations, "as reasonably requested by Biomet." Pls.' Br., Ex. C at 2. Biomet wa...

  • Hearing

    Feb 6, 2020

KINNEY VS BIOMET INC

...Counsel is responsible to pay the annual fee to the bar. Specially-Appearing Defendants ZIMMER BIOMET HOLDINGS, INC.; JOHN CUCKLER, M.D.; and ALABAMA MEDICAL CONSULTANTS, INC.'S Motion to Quash Service of Summons is GRANTED. This is a products liability action arising from personal injuries related to a hip replacement system known as the Biomet "M2a Hip System." This system is allegedly unique in that it uses...

...entered between Alabama Medical Consultants, Inc. indicate that AMC was hired to provide John Cuckler M.D.'s technical skills and services to Biomet in connection with the development, marketing, and promotion of the M2a System, including attending seminars, shows, conventions and the like, and conducting presentations and demonstrations, "as reasonably requested by Biomet." Pls.' Br., Ex. C at 2. Biomet wa...

  • Hearing

    Feb 6, 2020

KINNEY VS BIOMET INC

...Counsel is responsible to pay the annual fee to the bar. Specially-Appearing Defendants ZIMMER BIOMET HOLDINGS, INC.; JOHN CUCKLER, M.D.; and ALABAMA MEDICAL CONSULTANTS, INC.'S Motion to Quash Service of Summons is GRANTED. This is a products liability action arising from personal injuries related to a hip replacement system known as the Biomet "M2a Hip System." This system is allegedly unique in that it uses...

...entered between Alabama Medical Consultants, Inc. indicate that AMC was hired to provide John Cuckler M.D.'s technical skills and services to Biomet in connection with the development, marketing, and promotion of the M2a System, including attending seminars, shows, conventions and the like, and conducting presentations and demonstrations, "as reasonably requested by Biomet." Pls.' Br., Ex. C at 2. Biomet wa...

  • Hearing

    Feb 6, 2020

PETER C. BENEDITH VS LINDSAY RUBEL

...Lindsay Rubel’s Unopposed Motion to Quash Service of Summons TENTATIVE RULING: The motion is DENIED. Insufficient notice. This motion was served by Federal Express on January 14, 2020. To be sufficient, service by Federal Express had to have been completed by January 12, 2020.

  • Hearing

    Feb 6, 2020

DEQUINIA VS. ALNAJJAR

HEARING ON MOTION TO QUASH SERVICE OF SUMMONS FOR LACK OF JURISDICTION FILED BY LG CHEM, LTD. * TENTATIVE RULING: * Continued to 4/9/20 at 9:00 am per written stipulation.

  • Hearing

    Feb 6, 2020

CARL BARNEY, AS TRUSTEE V. PIETER

...herein. For the foregoing reasons, the motion is DENIED. Motion No. 2, to quash summons and to strike: Defendants Ramandeep Girn, Rebecca Girn, and Higher Ground Education, Inc. seek an order to (1) quash the summons served on the Girn Defendants for failure to name proper “DOE” defendants (2) strike the Girn Defendants as parties to the Second Amended Complaint for being improperly added as newly-identified “DOE”...

...and arguments that fall outside of the four corners of the complaint. These may be considered on a motion to quash but not on a motion to strike, which is limited to the “four corners of the complaint.” MOTION TO QUASH SUMMONS Code Civ. Proc., § 418.10 (a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file...

  • Hearing

    Feb 5, 2020

YEE MEI CHOW VS HAO LU

... SERVICE; DEMURRER; STRIKE (CCP §§ 418.10, ) TENTATIVE RULING: Cross-Defendant Brian Lam’s Motion to Quash Service of the First Amended Cross-Complaint and Cross-Defendant Jonathan Cook’s Demurrer and Motion to Strike the First Amended Cross-Complaint are PLACED OFF CALENDAR. As a limited jurisdiction court, this Court lacks jurisdiction to grant the relief sought in the Complaint and Cross-Complaint. Sp...

...exemplary damages. On November 27, 2019, Cross-Defendant Lam filed the instant Motion to Quash Service of Summons and Complaint. On December 18, 2019, Cross-Defendant Cook filed the instant Demurrer and Motion to Strike the First Amended Cross-Complaint. To date, no oppositions have been filed to address these motions. On the its own motion, pursuant to Code of Civil Procedure section 436, subdivision (b),...

  • Hearing

    Feb 5, 2020

ESSA RABADI VS STATE FARM MUTUAL AUTOMOBILE INS. CO.

Motion to Quash Service of Summons Having considered the moving and opposing papers, the Court rules as follows. No reply papers were filed. BACKGROUND On October 4, 2019, Plaintiff David Boone filed a complaint against Defendants A...

...Defendants Ashley Darian Olan and Donald Olan alleging negligence for a rear-end collision that occurred on January 16, 2019. On December 6, 2019, Defendant Donald Olah filed a motion to quash the service of summons pursuant to California Code of Civil procedure section 418.10. On December 10, 2019, the Court approved Plaintiff’s amendments renaming Defendants Ashley Darian Olan and Donald Olan as Defendants Ash...

  • Hearing

    Feb 4, 2020

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