MOTIONS TO DISMISS
(CCP § 583.210)
TENTATIVE RULING:
ANALYSIS: I. Background Plaintiff Leticha Toney (“Plaintiff”) brought this premises liability action against Defendant Super Center Concepts, Inc. (“Defendant”) on August 17, 2015. For the first three years and a half, there was barely any litigation activity in this action based on court record. Then Defendant brought a motion to quash service of process, which the Court granted on May 28, 2019 because substituted service on Defendant’s store manager was invalid. On the same day, Plaintiff re-served the Summons and Complaint on Defendant through substituted service on Defendant’s President and Chief Operate Officer Mimi R. Song’s secretary, Mayra Del Rosario (“Ms. Rosario”). (6/3/19 Proof of Service of Summons.) Contending that the substituted service on Ms. Rosario is improper, Defendant brought the instant Motion to Dismiss (the “Motion”) under CCP § 583.210 on June 11, 2019. II. Legal Standard Under CCP § 583.210(a), “[a] plai
Type
OTHER PREMISE LIABILITY (Limited Jurisdiction)
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MOTIONS TO DISMISS
(CCP § 583.210)
TENTATIVE RULING:
ANALYSIS: I. Background Plaintiff Leticha Toney (“Plaintiff”) brought this premises liability action against Defendant Super Center Concepts, Inc. (“Defendant”) on August 17, 2015. For the first three years and a half, there was barely any litigation activity in this action based on court record. Then Defendant brought a motion to quash service of process, which the Court granted on May 28, 2019 because substituted service on Defendant’s store manager was invalid. On the same day, Plaintiff re-served the Summons and Complaint on Defendant through substituted service on Defendant’s President and Chief Operate Officer Mimi R. Song’s secretary, Mayra Del Rosario (“Ms. Rosario”). (6/3/19 Proof of Service of Summons.) Contending that the substituted service on Ms. Rosario is improper, Defendant brought the instant Motion to Dismiss (the “Motion”) under CCP § 583.210 on June 11, 2019. II. Legal Standard Under CCP § 583.210(a), “[a] plai