SC127661
WESTERMAN v. MWAEME-BEN ET AL.
Defendant Rodney C. Ambuebie’s Motion to Quash Service is GRANTED.
ANALYSIS: Defendant Ambueie moves to quash service on grounds that he lacks minimum contacts with California. Defendant is a resident of Texas.
In response, Plaintiff argues Defendant Ambueie has never challenged the propriety of service and is currently in default. Plaintiff contends Defendant’s default precludes him from obtaining any relief from this Court. Plaintiff also argues that the motion to quash is untimely, as a motion to quash must be brought within the time to answer. The time to answer expired.
Defendant Ambueie is challenging the Court’s personal jurisdiction over him based on his lack of minimum contacts. Defendant’s failure to bring an express and separate motion to vacate the default against him does not preclude the Court from assessing the merits of his motion to quash. “[N]othing would be gained by insisting upon an express motion having been made.” Dill
Hearing Date
March 02, 2018
Type
Contractual Fraud (General Jurisdiction)
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SC127661
WESTERMAN v. MWAEME-BEN ET AL.
Defendant Rodney C. Ambuebie’s Motion to Quash Service is GRANTED.
ANALYSIS: Defendant Ambueie moves to quash service on grounds that he lacks minimum contacts with California. Defendant is a resident of Texas.
In response, Plaintiff argues Defendant Ambueie has never challenged the propriety of service and is currently in default. Plaintiff contends Defendant’s default precludes him from obtaining any relief from this Court. Plaintiff also argues that the motion to quash is untimely, as a motion to quash must be brought within the time to answer. The time to answer expired.
Defendant Ambueie is challenging the Court’s personal jurisdiction over him based on his lack of minimum contacts. Defendant’s failure to bring an express and separate motion to vacate the default against him does not preclude the Court from assessing the merits of his motion to quash. “[N]othing would be gained by insisting upon an express motion having been made.” Dill