Toney v. Super Center Concepts, et al.

Defendant Super Center Concepts, Inc.’s Motion to Quash Service of Summons and Complaint is GRANTED.

I. Background

On April 25, 2018, Plaintiff Leticha Toney (“Plaintiff”) brought this premises liability action against Defendant Super Center Concepts, Inc. (“Defendant”). Based on the Proof of Service of Summons in the Court’s record, Defendant was personally served with a Summons and Complaint through its store manager Alvaro Jimenez (“Mr. Jimenez” or (“Jimenez”) on August 7, 2018 at 10211 S. Avalon Blvd., Los Angeles, CA 90003. (8/7/18 Proof of Service of Summons.)

On May 1, 2019, Defendant brought the instant Motion to Quash Service of Summons and Complaint (the “Motion”), contending that the personal service on Mr. Jimenez was improper. Defendant further asked that the Court vacate a default judgment in this action and dismiss this action under CCP § 583.210. On May 14, 2019, Plaintiff filed an Opposition. Defendant replied on May 20.

II.