Magdalin v. BiohempIndustries, Inc.

Case No.: 30-2018-00982922-CU-BC-CJC    

The court grants Defendant Jamie Allen Tod Jr.’s motion to set aside the default.
“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 facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) Here, Plaintiff has not met his burden. Filing a proof of service that complies with statutory standards creates a rebuttable presumption that service was proper. (Floveryor Intl., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795.)
Here, Defendant has rebutted the presumption. On its face, the proof of service appears invalid. The proof of service states that another individual (Lance Sarrington), other than Defendant, was served. But, the proof of service represented that Defendant was personally served. The proof of service did not indicate that the requirements for substitute service had been met. Moreover, Plaintiff concedes........