FERNANDES VS LOZITSKY

Case No.: MSC18-02371    

HEARING ON MOTION TO/FOR QUASH SVC OF SUMMONS & COMPLT FOR LACK

OF JURIS FILED BY NATALIE LOZITSKY

* TENTATIVE RULING: *

Before the Court is a motion to quash service of summons and complaint (the “Motion”) brought by Defendant Natalie Lozitsky (“Defendant” or “Lozitsky”). Defendant moves to quash pursuant to Code of Civil Procedure (“CCP”) § 418.10 on the grounds that service was not proper. The Motion is opposed by Plaintiff Paulo Kirchhoff Soares Fernandes (“Plaintiff” or “Fernandes”). The Motion previously came on for hearing on April 10, 2019. The Court expressed concerns regarding service and asked for additional briefing on the issue of whether the parties can “contract around” the Hague Convention’s service requirements.

For the following reasons, the Court grants the motion to quash.

Factual Background

As a married couple, Plaintiff and Defendant purchased property, located at 57 Matisse ........