1.
Defendants’ motion to quash service of summons. No opposition. Motion granted.
Compliance with the statutes governing service is essential to establish the court’s personal jurisdiction over a given defendant. See, Schering Corp. v. Superior Court (1975) 52 Cal.App.3d 737, 741. A defendant is under no duty to respond to a defectively served summons, even if the defendant has actual notice of the action. See, Taylor-Rush v. Multitech Corp. (1998) 217 Cal.App.3d 103, 110. A fatally or defectively served summons will not confer personal jurisdiction over a defendant. See, MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557. Thus, a plaintiff must properly serve the summons on a given defendant to the court to obtain personal jurisdiction over that defendant, and failure to do so is subject to a motion to quash.
C.C.P. § 415.10 provides that: “A summons may be served by personally delivery of a copy of the summons and of the complaint to the person to be served. Servi
Hearing Date
December 06, 2019
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1.
Defendants’ motion to quash service of summons. No opposition. Motion granted.
Compliance with the statutes governing service is essential to establish the court’s personal jurisdiction over a given defendant. See, Schering Corp. v. Superior Court (1975) 52 Cal.App.3d 737, 741. A defendant is under no duty to respond to a defectively served summons, even if the defendant has actual notice of the action. See, Taylor-Rush v. Multitech Corp. (1998) 217 Cal.App.3d 103, 110. A fatally or defectively served summons will not confer personal jurisdiction over a defendant. See, MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557. Thus, a plaintiff must properly serve the summons on a given defendant to the court to obtain personal jurisdiction over that defendant, and failure to do so is subject to a motion to quash.
C.C.P. § 415.10 provides that: “A summons may be served by personally delivery of a copy of the summons and of the complaint to the person to be served. Servi