On April 25, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Wells Fargo Bank, Na,
and
Arevalo, Pablo R,
for (09): Limited Rule 3.740 Coll $10,000.00-$24,999.99
in the District Court of Merced County.
Preview
Superior Court of California, County of Merced
MINUTE ORDERS
Wells Fargo bank, NA 10:00 AM - 12:00 PM
vs Motion
Pablo Arevalo
18CV-01622
Date of Hearing: 12/02/2020
Heard By: Foster, David Location: Courtroom 9
Courtroom Reporter: Electronic Recording Courtroom Clerk: S. Ontiveros
Court Interpreter:
Court Investigator:
Parties Present: Future Hearings:
Exhibits:
The case is regularly called for hearing:
The Court has read and considered the: Motion to quash service of summons and vacate default judgment.
The Court states its tentative ruling
The Court finds there was no request for oral argument made
The Court orders:
The tentative ruling is confirmed by the Court as follows:
Defendant Pablo Arevalo's motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 is
DROPPED from calendar due to insufficient notice. Defendant did not provide sufficient notice of the motion to plaintiff.
Absent an order shortening time, a motion to quash service of summons must be filed and served a minimum of 16 court
days before the hearing date. (Code Civ. Proc., 1005, subd. (a)(4),(b).) In this case, the proof of service indicates notice
was served by mail on November10, 2020, less than 16 court days plus 5 calendar days before the scheduled hearing
date. Plaintiff has not filed any written opposition waiving this notice defect. Although due to insufficient notice the
Court does not reach the merits of the motion, the Court questions whether the motion is timely as a matter of law. A
motion to quash under section 418.10 must be brought on or before the last day of [defendant's] time to plead or within
any further time that the court may for good cause allow. (Code Civ. Proc., 418.10, subd. (a).) In this case, plaintiff filed
a proof of service indicating personal service of summons on defendant on April 10, 2020. Based on the proof of service,
defendant's last day to plead was on or about May 11, 2020. On August 28, 2020, defendant's default was entered.
Defendant does not cite any legal authority that a motion to quash service of summons may be brought after entry of
default judgment. The Court notes that defendant's motion does not cite any legal authority for vacating the default
judgment other than section 418.10.
Printed: 12/2/2020 12/02/2020 Motion - 18CV-01622 Page 1 of 1
Document Filed Date
December 02, 2020
Case Filing Date
April 25, 2018
Category
(09): Limited Rule 3.740 Coll $10,000.00-$24,999.99
For full print and download access, please subscribe at https://www.trellis.law/.