CV-23-003668 – RHINEY, TIMOTHY LAMONTE, JR vs RAMIREZ, JOSE MIGUEL – Defendant Jose Miguel Ramirez’s Motion to Quash Service of Summons and Complaint – GRANTED.
A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Coulston v. Cooper (1966) 245 Cal.App.2d 866; Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 863).
The Court finds that Defendant did not reside at 420 Colfax Avenue, Modesto, CA, but in Texas, when Plaintiff attempted to serve Defendant with his summons and complaint at that address on 8/20/23 and on 9/27/23 and that this information was communicated to the process server.
The Court therefore finds that at the time of Plaintiff’s alleged substituted service on Defendant on 10/3/23 via substituted service upon Adan Limon, Defendant’s Uncle at 420 Colfax Avenue, Modesto, CA, said address was not Defendant’s “dwelling house” nor his “usual place of abode” to the knowledge
Hearing Date
December 18, 2023
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CV-23-003668 – RHINEY, TIMOTHY LAMONTE, JR vs RAMIREZ, JOSE MIGUEL – Defendant Jose Miguel Ramirez’s Motion to Quash Service of Summons and Complaint – GRANTED.
A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Coulston v. Cooper (1966) 245 Cal.App.2d 866; Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 863).
The Court finds that Defendant did not reside at 420 Colfax Avenue, Modesto, CA, but in Texas, when Plaintiff attempted to serve Defendant with his summons and complaint at that address on 8/20/23 and on 9/27/23 and that this information was communicated to the process server.
The Court therefore finds that at the time of Plaintiff’s alleged substituted service on Defendant on 10/3/23 via substituted service upon Adan Limon, Defendant’s Uncle at 420 Colfax Avenue, Modesto, CA, said address was not Defendant’s “dwelling house” nor his “usual place of abode” to the knowledge