Defendant’s Motion to Quash is DENIED. Defendant Alexander Reyes is ordered to file an answer within twenty days of this order.
Background
This is an insurance action in which Plaintiff Allstate Northbrook Indemnity Company (“Allstate”) sued Defendants Alexander Reyes (“Reyes”) and Juan Gutierrez (“Gutierrez”), seeking subrogation for insurance payments made by Plaintiff to a third party for a motor vehicle action allegedly caused by Reyes in a vehicle owned by Gutierrez. Plaintiff dismissed Gutierrez from the action on November 22, 2017.
Reyes seeks to quash service of the summons and complaint on the ground that the substituted service attempted by Plaintiff was insufficient.
Legal Standard
“[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) “[T]he filing of a proof of service creates a rebuttable presumption that the service was prop
Type
INSURANCE COVERAGE (Limited Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant’s Motion to Quash is DENIED. Defendant Alexander Reyes is ordered to file an answer within twenty days of this order.
Background
This is an insurance action in which Plaintiff Allstate Northbrook Indemnity Company (“Allstate”) sued Defendants Alexander Reyes (“Reyes”) and Juan Gutierrez (“Gutierrez”), seeking subrogation for insurance payments made by Plaintiff to a third party for a motor vehicle action allegedly caused by Reyes in a vehicle owned by Gutierrez. Plaintiff dismissed Gutierrez from the action on November 22, 2017.
Reyes seeks to quash service of the summons and complaint on the ground that the substituted service attempted by Plaintiff was insufficient.
Legal Standard
“[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) “[T]he filing of a proof of service creates a rebuttable presumption that the service was prop