Case Number: BC628234??? Hearing Date: April 10, 2017??? Dept: 98
JOHN WOODWARD,
Plaintiff,
vs.
FREDERICK SILVERS, et al.,
Defendants.
CASE NO.: BC628234
[TENTATIVE] ORDER RE: DEFENDANT?S MOTION TO QUASH SERVICE OF SUMMONSDept. 98
1:30 p.m.
April 10, 2017
On July 25, 2016, Plaintiff John Woodward (?Plaintiff?) filed this action for alleged damages arising out of a March 22, 2016 dog attack. Plaintiff has filed a Proof of Service which indicates that Defendant Frederick Silvers (?Moving Defendant?) was served by substituted service on December 2, 2016. Moving Defendant now moves to quash Plaintiff?s service of summons.
A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Cal. Code of Civ. Proc. ? 415.10. In lieu of personal delivery, a summons may be served by leaving a copy of the summons and complaint at the person?s dwelling house, usual place of abode, or his or her usual mailing address. Id., ? 415.20.
According to Plaintiff?s Proof of Service, Moving Defendant was served at 14 Oakmont Drive, Los Angeles, California 90049. On the date of the purported service, Moving Defendant did not reside at that address or use it as his mailing address. Declaration of Frederick Silvers, ? 2. Moving Defendant had lived there previously but had sold and moved out of the house at the time of service. Id. No one at that address was authorized to accept service on his behalf. Id.
In light of the foregoing, the Court finds that Plaintiff has failed to effect proper service on Moving Defendant. Moving Defendant?s Motion to Quash is GRANTED.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 10th day of April, 2017
Hon. Holly J. Fujie
Judge of the Superior Court