On February 23, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Grewal Cargo Inc.,
Silchuk Logistics, Llc,
Singh, Charanjeet,
Singh, Tajinder,
and
California Department Of Health Care Services,
Darrisha Raquel Wheeler,
Fage Usa Dairy Industry, Inc,
Grewal Cargo Inc.,
Grewel Logistics,
Silchuk Logistics, Llc,
Singh, Charanjeet,
Singh, Tajinder,
for Unlimited Civil Auto Tort
in the District Court of San Joaquin County.
Preview
1 Stephen B. Heath - 237622
sheath@heathandyuen.com Electronically Filed
2 Steven W. Yuen - 230768 Superior Court of California
syuen@heathandyuen.com County of San Joaquin
3 Lucy K. Galek - 227237 2021-04-13 14:20:15
lgalek@heathandyuen.com Clerk: Joyce Banek
4 HEATH & YUEN, APC
268 Bush Street, #3006 Motion to Quash
5 San Francisco, CA 94104 05/12/2021 09:00 AM in 11B
Tel: (415) 622-7004
6 Fax: (415) 373-3957
7 Attorneys for Specially Appearing Defendant
CHARANJEET SINGH
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN JOAQUIN
11 JOE EDWIN TAYLOR III, AN INCOMPETENT Case No.: STK-CV-UAT-2021-0001576
ADULT, BY AND THROUGH HIS
12 GUARDIAN AD LITEM TELISHA L. MOORE, NOTICE OF DEFENDANT CHARANJEET
SINGH’S MOTION TO QUASH
13 Plaintiffs, PLAINTIFF’S SERVICE OF SUMMONS
AND COMPLAINT
14 v.
[C.C.P. §§ 418.10]
15 GREWAL CARGO INC.; CHARANJEET
SINGH; AND DOES 1 THROUGH 150, Date: 5/11, 5/12, 5/13, 5/14, 5/17/21
16 INCLUSIVE, Time: 9:00 am
Dept.: 11B
17 Defendants.
Judge: Hon. Robert T. Waters
18 File Date: February 23, 2021
Trial Date: None
19
20 NOTICE IS GIVEN that on the above captioned date and time or as soon thereafter as the
21 matter may be heard in the above department of this court located at 180 E Weber Ave., Stockton,
22 California 95202, defendant Charanjeet Singh (herein “defendant”) is specially appearing to move to
23 quash plaintiff’s service of summons and complaint. Defendant’s motion is made pursuant to Code of
24 Civil Procedure section 418.10, et. seq., and on the grounds that plaintiff’s substituted service of the
25 summons, complaint, statement of damages and appointment of guardian ad litem was defective
26 because service was attempted at an address in Ceres, California where defendant never lived nor
27 worked, did not receive mail, and over a month after defendant had moved to Indiana. Defendant’s
28 motion is based on this notice, the memorandum of points and authorities, the declaration of
-1-
NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS
AND COMPLAINT
1 Charanjeet Singh, the declaration of Lucy K. Galek, the request for judicial notice, the exhibit index
2 and exhibits, the files and records in this action, and any further admissible evidence and argument the
3 court may timely receive at or before the hearing.
4 Civil Law and Motion local rule 3-113(D) states the following concerning tentative rulings:
5 Judges assigned to civil law and motion matters will prepare a tentative ruling for each matter on
6 calendar and a ruling will be available to counsel and litigants on the first court day before the
7 scheduled hearing. If the tentative ruling is satisfactory to counsel, he or she need not appear and the
8 tentative ruling will become final. If counsel or self-represented litigants (SRL) wish to appear, he or
9 she may do so only after appropriately notifying the court and other counsel or SRL of that intent.
10 The tentative ruling shall become the ruling of the court unless there is opposition by counsel or
11 SRL. Counsel or self-represented litigants is responsible for reviewing the tentative ruling and notifying
12 the superior court, by calling (209) 992-5714, and all other counsel and self-represented litigants no
13 later than 4:00 p.m. on the day preceding the scheduled hearing of his or her intent to appear to argue.
14 The tentative rulings will be posted to the court’s website: www.sjcourts.org. Counsel or self-
15 represented litigants may access the court’s website beginning at 1:30 p.m. on the court day
16 immediately preceding the date for which a matter is calendared.
17 Matters may be continued by stipulation up to five court days before the hearing date by
18 contacting the calendar unit of the superior court at (209) 992-5714. To prevent the judges from
19 unnecessarily preparing matters to be continued, court approval will be required before a continuance
20 will be allowed when the request for continuance is made within five court days of the scheduled
21 hearing.
22 DATED: April 13, 2021
HEATH & YUEN, APC
23
24
By
25 Lucy K. Galek
Attorneys for Specially Appearing Defendant
26 CHARANJEET SINGH
27
28
-2-
NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS
AND COMPLAINT
1 CERTIFICATE OF SERVICE
2 I, Wendy H. Yang, declare:
3 At the time of service I was over 18 years of age, and not a party to this action. My business
4 mailing address is 268 Bush Street, #3006, San Francisco, California 94104.
5 On April 13, 2021, I served the following document(s) on the parties in the within action:
6 NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S
SERVICE OF SUMMONS AND COMPLAINT
7
DEFENDANT CHARANJEET SINGH’S MEMORANDUM OF POINTS AND AUTHORITIES
8 IN SUPPORT OF MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND
COMPLAINT
9
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT CHARANJEET
10 SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT
11 EXHIBIT INDEX AND EXHIBITS IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S
MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT
12
[PROPOSED] ORDER GRANTING DEFENDANT CHARANJEET SINGH’S NOTICE OF
13 MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT
14 BY ELECTRONIC SERVICE ONLY: Based on counsel’s agreement or the court’s Local
Rules ordering mandatory e-filing of all documents for this type of case, California Rules of
15 Court, Rule 2.251(c)(3), and California Code of Civil Procedure § 1010.6, I transmitted the
X
16 document(s) directly to the following person(s) listed below. I did not receive within a
reasonable time after the transmission any electronic message or other indication that the
17 transmission was unsuccessful.
18 Daniel A. Torem Attorneys
AttorneysFor ForPlaintiff
Plaintiff
TOREM & ASSOCIATES JOE
JOEEDWIN
EDWINTAYLORTAYLORIII, III,AN
ANINCOMPETENT
INCOMPETENT
19 ADULT,
ADULT,BY BYANDANDTHROUGH
THROUGHHIS HIS
1607 Pontius Avenue, GUARDIAN
GUARDIANAD ADLITEM
LITEMTELISHA
TELISHAL.L.MOORE MOORE
20 Los Angeles, California 90025
Tel:310-276-7878
21 dtorem@torem.com
toremlit@torem.com
22 ytorem@torem.com;
ront@torem.com;
23 l2@torem.com
24
I declare under pealty of perjury under the laws of the State of California the foregoing is a true
25
and correct statement, and this certificate was executed on April 13, 2021.
26
27 By
Wendy H. Yang
28
-3-
NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS
AND COMPLAINT
Preview
1 Stephen B. Heath - 237622 sheath@heathandyuen.com Electronically Filed 2 Steven W. Yuen - 230768 Superior Court of California syuen@heathandyuen.com County of San Joaquin 3 Lucy K. Galek - 227237 2021-04-13 14:20:15 lgalek@heathandyuen.com Clerk: Joyce Banek 4 HEATH & YUEN, APC 268 Bush Street, #3006 Motion to Quash 5 San Francisco, CA 94104 05/12/2021 09:00 AM in 11B Tel: (415) 622-7004 6 Fax: (415) 373-3957 7 Attorneys for Specially Appearing Defendant CHARANJEET SINGH 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN JOAQUIN 11 JOE EDWIN TAYLOR III, AN INCOMPETENT Case No.: STK-CV-UAT-2021-0001576 ADULT, BY AND THROUGH HIS 12 GUARDIAN AD LITEM TELISHA L. MOORE, NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH 13 Plaintiffs, PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 14 v. [C.C.P. §§ 418.10] 15 GREWAL CARGO INC.; CHARANJEET SINGH; AND DOES 1 THROUGH 150, Date: 5/11, 5/12, 5/13, 5/14, 5/17/21 16 INCLUSIVE, Time: 9:00 am Dept.: 11B 17 Defendants. Judge: Hon. Robert T. Waters 18 File Date: February 23, 2021 Trial Date: None 19 20 NOTICE IS GIVEN that on the above captioned date and time or as soon thereafter as the 21 matter may be heard in the above department of this court located at 180 E Weber Ave., Stockton, 22 California 95202, defendant Charanjeet Singh (herein “defendant”) is specially appearing to move to 23 quash plaintiff’s service of summons and complaint. Defendant’s motion is made pursuant to Code of 24 Civil Procedure section 418.10, et. seq., and on the grounds that plaintiff’s substituted service of the 25 summons, complaint, statement of damages and appointment of guardian ad litem was defective 26 because service was attempted at an address in Ceres, California where defendant never lived nor 27 worked, did not receive mail, and over a month after defendant had moved to Indiana. Defendant’s 28 motion is based on this notice, the memorandum of points and authorities, the declaration of -1- NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 1 Charanjeet Singh, the declaration of Lucy K. Galek, the request for judicial notice, the exhibit index 2 and exhibits, the files and records in this action, and any further admissible evidence and argument the 3 court may timely receive at or before the hearing. 4 Civil Law and Motion local rule 3-113(D) states the following concerning tentative rulings: 5 Judges assigned to civil law and motion matters will prepare a tentative ruling for each matter on 6 calendar and a ruling will be available to counsel and litigants on the first court day before the 7 scheduled hearing. If the tentative ruling is satisfactory to counsel, he or she need not appear and the 8 tentative ruling will become final. If counsel or self-represented litigants (SRL) wish to appear, he or 9 she may do so only after appropriately notifying the court and other counsel or SRL of that intent. 10 The tentative ruling shall become the ruling of the court unless there is opposition by counsel or 11 SRL. Counsel or self-represented litigants is responsible for reviewing the tentative ruling and notifying 12 the superior court, by calling (209) 992-5714, and all other counsel and self-represented litigants no 13 later than 4:00 p.m. on the day preceding the scheduled hearing of his or her intent to appear to argue. 14 The tentative rulings will be posted to the court’s website: www.sjcourts.org. Counsel or self- 15 represented litigants may access the court’s website beginning at 1:30 p.m. on the court day 16 immediately preceding the date for which a matter is calendared. 17 Matters may be continued by stipulation up to five court days before the hearing date by 18 contacting the calendar unit of the superior court at (209) 992-5714. To prevent the judges from 19 unnecessarily preparing matters to be continued, court approval will be required before a continuance 20 will be allowed when the request for continuance is made within five court days of the scheduled 21 hearing. 22 DATED: April 13, 2021 HEATH & YUEN, APC 23 24 By 25 Lucy K. Galek Attorneys for Specially Appearing Defendant 26 CHARANJEET SINGH 27 28 -2- NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 1 CERTIFICATE OF SERVICE 2 I, Wendy H. Yang, declare: 3 At the time of service I was over 18 years of age, and not a party to this action. My business 4 mailing address is 268 Bush Street, #3006, San Francisco, California 94104. 5 On April 13, 2021, I served the following document(s) on the parties in the within action: 6 NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 7 DEFENDANT CHARANJEET SINGH’S MEMORANDUM OF POINTS AND AUTHORITIES 8 IN SUPPORT OF MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 9 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT CHARANJEET 10 SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 11 EXHIBIT INDEX AND EXHIBITS IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 12 [PROPOSED] ORDER GRANTING DEFENDANT CHARANJEET SINGH’S NOTICE OF 13 MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 14 BY ELECTRONIC SERVICE ONLY: Based on counsel’s agreement or the court’s Local Rules ordering mandatory e-filing of all documents for this type of case, California Rules of 15 Court, Rule 2.251(c)(3), and California Code of Civil Procedure § 1010.6, I transmitted the X 16 document(s) directly to the following person(s) listed below. I did not receive within a reasonable time after the transmission any electronic message or other indication that the 17 transmission was unsuccessful. 18 Daniel A. Torem Attorneys AttorneysFor ForPlaintiff Plaintiff TOREM & ASSOCIATES JOE JOEEDWIN EDWINTAYLORTAYLORIII, III,AN ANINCOMPETENT INCOMPETENT 19 ADULT, ADULT,BY BYANDANDTHROUGH THROUGHHIS HIS 1607 Pontius Avenue, GUARDIAN GUARDIANAD ADLITEM LITEMTELISHA TELISHAL.L.MOORE MOORE 20 Los Angeles, California 90025 Tel:310-276-7878 21 dtorem@torem.com toremlit@torem.com 22 ytorem@torem.com; ront@torem.com; 23 l2@torem.com 24 I declare under pealty of perjury under the laws of the State of California the foregoing is a true 25 and correct statement, and this certificate was executed on April 13, 2021. 26 27 By Wendy H. Yang 28 -3- NOTICE OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT