Chicuace v. Gomez, et al.
MOTION TO QUASH SERVICE
(CCP § 418.10)
TENTATIVE RULING:
Specially Appearing Defendants Jimmy A. Gomez and Leonard Mata’s Motion to Quash Service of Summons and Complaint is GRANTED.
ANALYSIS:
On September 6, 2019, Plaintiff Chicuace Chicuace (“Plaintiff”) filed the Complaint in this action for slander against Defendants Jimmy A. Gomez and Leonard Mata (“Defendants”). The Summons was issued on December 31, 2019.
On March 13, 2019, Defendants filed the instant Motion to Quash Service of Summons and Complaint. To date, no opposition has been filed.
Challenge to Service
“When a defendant challenges the court’s personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.’” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A proof of service containing a declaration from a registered process server invokes
Hearing Date
July 08, 2020
Type
Defamation (slander/libel) (Limited Jurisdiction)
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Chicuace v. Gomez, et al.
MOTION TO QUASH SERVICE
(CCP § 418.10)
TENTATIVE RULING:
Specially Appearing Defendants Jimmy A. Gomez and Leonard Mata’s Motion to Quash Service of Summons and Complaint is GRANTED.
ANALYSIS:
On September 6, 2019, Plaintiff Chicuace Chicuace (“Plaintiff”) filed the Complaint in this action for slander against Defendants Jimmy A. Gomez and Leonard Mata (“Defendants”). The Summons was issued on December 31, 2019.
On March 13, 2019, Defendants filed the instant Motion to Quash Service of Summons and Complaint. To date, no opposition has been filed.
Challenge to Service
“When a defendant challenges the court’s personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.’” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A proof of service containing a declaration from a registered process server invokes