Case Name: Hassan Ghazaei v. Enterprise Rent A Car, et al. Case No.: 20SMCV01333
Motion: Motion to Quash Service of Summons
Hearing Date: 03/03/2021
LEGAL STANDARD
“A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10 (a)(1).)
“When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service. (Taylor–Rush v. Multitech Corp. (1990) 217 Cal.App.3d 103, 110, 265 Cal.Rptr. 672; Sheard v. Superior Court (1974) 40 Cal.App.3d 207, 211, 114 Cal.Rptr. 743; Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868, 54 Cal.Rptr. 302.)” (Dill v. Berquist Construction Co.
Hearing Date
March 01, 2021
Type
Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
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Case Name: Hassan Ghazaei v. Enterprise Rent A Car, et al. Case No.: 20SMCV01333
Motion: Motion to Quash Service of Summons
Hearing Date: 03/03/2021
LEGAL STANDARD
“A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10 (a)(1).)
“When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service. (Taylor–Rush v. Multitech Corp. (1990) 217 Cal.App.3d 103, 110, 265 Cal.Rptr. 672; Sheard v. Superior Court (1974) 40 Cal.App.3d 207, 211, 114 Cal.Rptr. 743; Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868, 54 Cal.Rptr. 302.)” (Dill v. Berquist Construction Co.