Baongoli v. Wisdom, et al.
Defendant Paul Wyatt’s Motion to Quash Service of Summons and Complaint is granted.
Background
Plaintiff Mimi Bomemo Baongoli (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Petrena Wisdom, Casandra Wisdom, and Paul Wyatt (“Defendant Wyatt”) on December 19, 2016. Plaintiff filed proofs of personal service of Summons and Complaint with respect to each Defendant on December 18, 2018. On January 3, 2019, Defendant Wyatt filed the instant motion to quash. To date, no opposition has been filed. Trial is set for June 18, 2019.
Discussion
“A motion to quash service of summons lies on the ground that the court lacks personal . . . jurisdiction over the moving party.” (Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1036, citing CCP § 418.10.) “‘A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action’ [citation], and a defendant has an absolute right to demand
Type
AUTO (Limited Jurisdiction)
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Baongoli v. Wisdom, et al.
Defendant Paul Wyatt’s Motion to Quash Service of Summons and Complaint is granted.
Background
Plaintiff Mimi Bomemo Baongoli (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Petrena Wisdom, Casandra Wisdom, and Paul Wyatt (“Defendant Wyatt”) on December 19, 2016. Plaintiff filed proofs of personal service of Summons and Complaint with respect to each Defendant on December 18, 2018. On January 3, 2019, Defendant Wyatt filed the instant motion to quash. To date, no opposition has been filed. Trial is set for June 18, 2019.
Discussion
“A motion to quash service of summons lies on the ground that the court lacks personal . . . jurisdiction over the moving party.” (Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1036, citing CCP § 418.10.) “‘A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action’ [citation], and a defendant has an absolute right to demand