Duc Nguyen (“Plaintiff”) filed this action against Mark Mahaffie (“Defendant”) on January 2, 2020.
On March 2, 2020, Plaintiff filed a proof of service for the summons and complaint, declaring that Defendant was served pursuant to Code of Civil Procedure section 415.30 (notice of acknowledgment and receipt) and 415.40 (to an address outside California with return receipt requested) (the “Proof of Service”). A request for entry of default was filed by Plaintiff but rejected, as the Proof of Service failed to attach either a completed notice of acknowledgment and receipt or a signed return receipt.
On June 10, 2020, Defendant specially appeared and filed a motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 on the grounds that the summons and complaint were not properly served on him and the Court lacks jurisdiction. Plaintiff opposes the motion.
Defendant declares that on April 25, 2020, he received a copy of the request for entry of default in the mail
Hearing Date
July 01, 2020
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Duc Nguyen (“Plaintiff”) filed this action against Mark Mahaffie (“Defendant”) on January 2, 2020.
On March 2, 2020, Plaintiff filed a proof of service for the summons and complaint, declaring that Defendant was served pursuant to Code of Civil Procedure section 415.30 (notice of acknowledgment and receipt) and 415.40 (to an address outside California with return receipt requested) (the “Proof of Service”). A request for entry of default was filed by Plaintiff but rejected, as the Proof of Service failed to attach either a completed notice of acknowledgment and receipt or a signed return receipt.
On June 10, 2020, Defendant specially appeared and filed a motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 on the grounds that the summons and complaint were not properly served on him and the Court lacks jurisdiction. Plaintiff opposes the motion.
Defendant declares that on April 25, 2020, he received a copy of the request for entry of default in the mail