Case Number: VC066845 Hearing Date: February 06, 2018 Dept: SEC
EMORY PARK, INC. v. 2202 E. ANDERSON ST., LLC
CASE NO.: VC066845
JUDGE: LORI ANN FOURNIER
Defendant 2202 E. ANDERSON ST., LLC’s unopposed motion to quash service of the summons and complaint is GRANTED. CCP §418.10(a).
Moving Party to give Notice.
Defendant makes a special appearance in order to challenge the purported service of summons by Plaintiff. Defendant argues that Plaintiff served the wrong business entity (2202 E. ANDERSON ST., LLC).
The unopposed motion to quash is granted. Once a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction. (Vons Companies, Inc. v. Seabest Food, Inc. (1996) 14 Cal.4th 434, 449.)
Here, Zion Vanounou has submitted evidence indicating that 2202 E. ANDERSON ST., LLC is not a valid and existing entity. (See Vanounou Decl., ¶2.) Rather, the person served (Mr. Vanounou), is the manager and the agent for service of process for 2202 East Anderson Street, LLC, a California limited liability company.
Plaintiff does not oppose the instant motion, thus fails to present any evidence showing that 2202 E. ANDERSON ST., LLC is a valid and existing entity. Accordingly, where the “entity” served does not exist, the Court finds no basis to justify the exercise of jurisdiction over Defendant 2202 E. ANDERSON ST., LLC.