[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO QUASH SERVICE OF SUMMONS; MOTION GRANTED
On December 29, 2016, Plaintiff Michael Loren Carson (“Plaintiff”) filed this action for injuries sustained in a January 9, 2015 trip and fall. Defendant Robert A. Reyes (“Defendant”) moves to quash service of summons on grounds he was never properly served. Defendant declares he was never served with the summons and complaint in this action. (Declaration of Robert A. Reyes, ¶ 6.)
“When a California defendant moves to quash service for lack of personal jurisdiction, the burden is on the plaintiff to establish jurisdiction by a preponderance of evidence.” (Roy v. Superior Court (2005) 127 Cal.App.4th 337, 343.) Plaintiff filed no proof of service showing service on Defendant. Further, Plaintiff filed no opposition to this Motion.
Accordingly, Plaintiff is not entitled to a presumption of proper service (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390; Evid. Code, § 647), and P
Hearing Date
September 25, 2018
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO QUASH SERVICE OF SUMMONS; MOTION GRANTED
On December 29, 2016, Plaintiff Michael Loren Carson (“Plaintiff”) filed this action for injuries sustained in a January 9, 2015 trip and fall. Defendant Robert A. Reyes (“Defendant”) moves to quash service of summons on grounds he was never properly served. Defendant declares he was never served with the summons and complaint in this action. (Declaration of Robert A. Reyes, ¶ 6.)
“When a California defendant moves to quash service for lack of personal jurisdiction, the burden is on the plaintiff to establish jurisdiction by a preponderance of evidence.” (Roy v. Superior Court (2005) 127 Cal.App.4th 337, 343.) Plaintiff filed no proof of service showing service on Defendant. Further, Plaintiff filed no opposition to this Motion.
Accordingly, Plaintiff is not entitled to a presumption of proper service (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390; Evid. Code, § 647), and P