Document for Daniel Ocampo vs Dominic Williams

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                                1   QUINN EMANUEL URQUHART & SULLIVAN, LLP
     Michael E. Liftik (CA Bar No. 232430)
 2   Sarah Heaton Concannon (pro hac vice)
     1300 I Street, Suite 900
 3
     Washington, D.C. 20005
 4   Telephone: (202) 538-8000
     michaelliftik@quinnemanuel.com
 5   sarahconcannon@quinnemanuel.com
 6   Emily C. Kapur (CA Bar No. 306724)
     555 Twin Dolphin Dr., 5th Fl.
 7   Redwood Shores, California 94065
 8   Telephone: (650) 801-5000
     emilykapur@quinnemanuel.com
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     Attorneys for Specially Appearing Defendant Dominic Williams and Defendants Dfinity USA
10   Research, LLC and Dfinity Stiftung
11                      SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                                       COUNTY OF SAN MATEO
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     DANIEL OCAMPO, Individually and on                Case No. 21-CIV-03843
14   Behalf of All Others Similarly Situated,
                                                       [PROPOSED] ORDER ON
15                            Plaintiff,               SPECIALLY APPEARING
                                                       DEFENDANT DOMINIC
16             v.                                      WILLIAMS’ MOTION TO QUASH
                                                       FOR DEFECTIVE SERVICE OF
17   DFINITY USA RESEARCH LLC, DFINITY                 PROCESS
     STIFTUNG, AH CAPITAL MANAGEMENT,
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     L.L.C., POLYCHAIN CAPITAL, DOMINIC                Hon. Susan L. Greenberg
19   WILLIAMS, and JOHN DOES 1-20,                     Dept. 3 – Ctrm. 2B
                                                       Date Action Filed: July 15, 2021
20                            Defendants.              Date: January 11, 2024
                                                       Time: 9:00 a.m. PT
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                                                                     Case No. 21-CIV-03843
       [PROPOSED] ORDER ON SPECIALLY APPEARING DEFENDANT DOMINIC WILLIAMS’ MOTION TO
                                           QUASH
 1           Specially Appearing Defendant Dominic Williams’ Motion to Quash for Defective Service

 2   of Process (Code Civ. Proc. § 413.10, subd. (c)) pursuant to the proof of service filed on August 3,

 3   2023, was set for hearing on January 11, 2024, the Honorable Susan Greenberg presiding.

 4           The Court having issued a Tentative Ruling on January 9, 2024, that is unopposed, and no

 5   hearing or argument having been requested by any party, this Court hereby adopts its Tentative

 6   Ruling as its order as follows:

 7           Specially Appearing Defendant Dominic Williams’ Motion to Quash for Defective Service

 8   of Process is hereby GRANTED. Plaintiff Daniel Ocampo (“Plaintiff”) is permitted 180 days to
 9   effectuate proper service.
10   I.      SERVICE PURSUANT TO THE HAGUE CONVENTION
11           Plaintiff has not met his burden to demonstrate effective service pursuant to the Convention
12   on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the
13   “Hague Convention”) and Swiss law. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial
14   (Jun. 2023 Update) ¶ 4:421.5.)
15             Plaintiff has not presented sufficient evidence that the recipient Adéla Halounová was
16   Defendant’s authorized agent, where Ms. Adela states:
17                  I am an Office & Events Manager employed by Dfinity Foundation.
                    [¶] I am not employed by Dominic Williams, as a domestic employee
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                    or otherwise. [¶] I am not and have never been authorized, orally or
19                  in writing, to accept service on behalf of Mr. Williams or otherwise
                    to act as his agent. [¶] To my knowledge, Mr. Williams has never
20                  represented to anyone that I am authorized to accept service on his
                    behalf or otherwise to act as his agent.
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22   Declaration of Adéla Halounová (Aug. 30, 2023) ¶¶ 1-4.
23           The Court finds Plaintiff has not complied with Swiss law for effective service where he has
24   not demonstrated that Ms. Halounová was employed by Defendant or in the same household as
25   Defendant. (Art. 138 Swiss Civ. Proc. Code § 2.) Further, Plaintiff has not demonstrated that
26   ostensible agency is permitted under Swiss law.
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                                                                        Case No. 21-CIV-03843
          [PROPOSED] ORDER ON SPECIALLY APPEARING DEFENDANT DOMINIC WILLIAMS’ MOTION TO
                                              QUASH
 1   II.    ALTERNATIVE SERVICE

 2          To the extent that Plaintiff argues Defendant had actual notice through email and social

 3   media, “[f]ailure to comply with the Hague Convention procedures voids the service even though it

 4   was made in compliance with California law, and even though defendant had actual notice of the

 5   lawsuit.” (Weil & Brown, supra, at ¶ 4:332; see also 2 Witkin, supra, at Jurisd. § 127.) Plaintiff’s

 6   citation to federal legal authority is inapposite given Federal Rule of Civil Procedure 4(f)(3) permits

 7   alternative service.

 8   III.   CONCLUSION
 9          Plaintiff has not met his burden to demonstrate effective service, and accordingly, Specially
10   Appearing Defendant Dominic Williams’ Motion to Quash for Defective Service of Process is
11   granted. Plaintiff shall be permitted 180 days to effectuate proper service on Mr. Williams.
12          IT IS SO ORDERED
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15   DATED: January         , 2024                         _________________________________
16                                                         HONORABLE SUSAN GREENBERG
17                                                         JUDGE OF THE SUPERIOR COURT
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                                              2                        Case No. 21-CIV-03843
      [PROPOSED] ORDER ON DEFENDANT DFINITY USA’S DEMURRER TO PLAINTIFF’S THIRD AMENDED
                                         COMPLAINT