This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 08:10:02 (UTC).

JOEL WISE VS QUICK WIRELESS, INC, ET AL.

Case Summary

On 06/03/2019 JOEL WISE filed a Contract - Other Contract lawsuit against QUICK WIRELESS, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5275

  • Filing Date:

    06/03/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WISE JOEL

Defendants

QUICK WIRELESS INC

HEBELER CARL

TAYEBI VALA

TAYEBI VICTOR

DUCKFISH ELECTRONICS LLC

MATTIA MARIDA

TAYEBI SIMA RAFII - MALEK

TAYEBI MICHAEL S

Attorney/Law Firm Details

Plaintiff Attorney

THALER JESSE

Defendant Attorney

MONTE JOHN DOUGLAS

 

Court Documents

Notice of Ruling - Notice of Ruling

9/2/2020: Notice of Ruling - Notice of Ruling

Proof of Personal Service - Proof of Personal Service

2/25/2020: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons; Hearing on Mot...)

8/31/2020: Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons; Hearing on Mot...)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings on Motion to Quash Se...) of 07/02/2020

7/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings on Motion to Quash Se...) of 07/02/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/8/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion re: (name extension) - Motion re: Michael S. Tayebi and Sima Rafii-Malek's Notice of Motion and Motion to Quash Service for Lack of Personal Jurisdiction; Declaration of Michael Tayebi, Simi Ra

3/4/2020: Motion re: (name extension) - Motion re: Michael S. Tayebi and Sima Rafii-Malek's Notice of Motion and Motion to Quash Service for Lack of Personal Jurisdiction; Declaration of Michael Tayebi, Simi Ra

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

1/27/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

11/4/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/30/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Summons - Summons on Complaint

6/3/2019: Summons - Summons on Complaint

Complaint - Complaint

6/3/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/3/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

16 More Documents Available

 

Docket Entries

  • 06/06/2022
  • Hearing06/06/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/21/2021
  • Hearing07/21/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/30/2020
  • Hearing11/30/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 09/02/2020
  • DocketNotice of Ruling; Filed by: Michael S Tayebi (Defendant)

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  • 09/02/2020
  • DocketNotice of Ruling; Filed by: Sima Rafii - Malek Tayebi (Defendant)

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  • 08/31/2020
  • DocketUpdated -- Proof of Personal Service: Filed By: Joel Wise (Plaintiff); Result: Stricken; Result Date: 08/31/2020; As To Parties changed from Michael S Tayebi (Defendant) to Michael S Tayebi (Defendant)

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  • 08/31/2020
  • DocketUpdated -- Proof of Personal Service: Filed By: Joel Wise (Plaintiff); Result: Stricken; Result Date: 08/31/2020; As To Parties changed from Sima Rafii - Malek Tayebi (Defendant) to Sima Rafii - Malek Tayebi (Defendant)

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  • 08/31/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/21/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 08/31/2020
  • DocketMinute Order (Hearing on Motion to Quash Service of Summons; Hearing on Mot...)

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  • 08/31/2020
  • DocketHearing on Motion to Quash Service of Summons scheduled for 08/31/2020 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/31/2020; Result Type to Held - Motion Granted

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31 More Docket Entries
  • 06/28/2019
  • DocketProof of Service by Substituted Service; Filed by: Joel Wise (Plaintiff); As to: DUCKFISH ELECTRONICS LLC (Defendant); Proof of Mailing Date: 06/17/2019; Service Cost: 59.50; Service Cost Waived: No

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  • 06/03/2019
  • DocketComplaint; Filed by: Joel Wise (Plaintiff); As to: QUICK WIRELESS, INC (Defendant); MARIDA MATTIA (Defendant); CARL HEBELER (Defendant) et al.

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  • 06/03/2019
  • DocketSummons on Complaint; Issued and Filed by: Joel Wise (Plaintiff); As to: QUICK WIRELESS, INC (Defendant); MARIDA MATTIA (Defendant); CARL HEBELER (Defendant) et al.

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  • 06/03/2019
  • DocketCivil Case Cover Sheet; Filed by: Joel Wise (Plaintiff); As to: QUICK WIRELESS, INC (Defendant); MARIDA MATTIA (Defendant); CARL HEBELER (Defendant) et al.

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  • 06/03/2019
  • DocketCivil Case Cover Sheet; Filed by: Joel Wise (Plaintiff); As to: QUICK WIRELESS, INC (Defendant); MARIDA MATTIA (Defendant); CARL HEBELER (Defendant) et al.

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  • 06/03/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/03/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/03/2019
  • DocketNon-Jury Trial scheduled for 11/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/06/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC05275    Hearing Date: August 31, 2020    Dept: 25

MOTION TO QUASH

(CCP § 418.10 )

TENTATIVE RULING:

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 26, 2020 [   ] Late [X] None

REPLY: None filed as of August 26, 2020 [   ] Late [X] None

ANALYSIS:

I. Background

 On June 3, 2019, Plaintiff Joel Wise (“Plaintiff”) filed an action for breach of contract unfair and fraudulent business practices against Defendants Quick Wireless, Inc. (“Quick Wireless”), Marida Mattia (“Mattia”), Carl Hebeler (“Hebeler”), Duckfish Electronics, LLC (“Duckfish”), Victor Tayebi (“Victor”), and Vala Tayebi (“Vala”).

On December 10, 2019, Defendants Victor and Mattia filed a Notice of Stay of Proceedings due to their Chapter 7 bankruptcy filing. (12/10/19 Notice of Stay.)

On January 27, 2020, Plaintiff filed amendments to the Complaint, substituting Michael S. Tayebi (“Michael”) for Doe 1 and Sima Rafii-Malek (“Sima”) for Doe 2. (1/27/20 Amendments to Complaint.) Plaintiff filed proofs of service on February 25, 2020 demonstrating that Defendants Michael and Sima were personally served with the Summons & Complaint on February 3, 2020 at 10428 NE 43rd St., Kirkland, WA 98033. (2/25/20 Proofs of Service.)

On March 4, 2020, Defendants Michael and Sima each filed a Motion to Quash Service for Lack of Personal Jurisdiction (the “Motions”), which were originally scheduled for hearing for April 30, 2020. On April 16, 2020, the Court, on its own motion, continued the hearings to July 9, 2020. (4/16/20 Notices re Continuance of Hearing and Order.) On July 2, 2020, the Court continued the hearings again to August 31, 2020 at 11:00 a.m. (7/2/20 Minute Order.)

To date, no oppositions have been filed.

 

II. 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, subd. (a)(1).)  A defendant has 30 days after the service of the summons to file a responsive pleading, or 40 days if service was effectuated by substitute service.  (Code Civ. Proc., § 412.20, subd. (a)(3); Code Civ. Proc., § 415.20, subd. (b).)

“A motion to quash service of summons lies on the ground that the court lacks personal . . . jurisdiction over the moving party.”  (Greener v. Workers’ Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1036, citing to Code of Civil Procedure § 418.10.) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of the United States.” (Code Civ. Proc., § 410.10.) “The exercise of jurisdiction over a nonresident defendant comports with these Constitutions if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate traditional notions of fair play and substantial justice.” (Elkman v. National States Ins. Co. (2009) 173 Cal.App.4th 1305, 1313.) “An essential criterion in all cases is whether the ‘quality and nature’ of the defendant’s activity is such that it is ‘reasonable’ and ‘fair’ to require him to conduct his defense in that state.” (Kulko v. Superior Court of California in and for City and County of San Francisco (1978) 436 U.S. 84, 92.) If a nonresident’s activities are “extensive or wide-ranging” or “substantial, continuous, and systematic” then jurisdiction is warranted. (Elkman v. National States Ins. Co., 173 Cal.App.4th at 1314.) If the activities are not so pervasive, then jurisdiction depends on the “quality and nature of his activity in the forum state as it relates to the particular cause of action. [Citation.]” (Ibid.) In that case, “[a] court may exercise specific jurisdiction over a nonresident defendant only if: (1) the defendant has purposefully availed himself or herself to the forum benefits; (2) the controversy is related to or arises out of the defendant’s contacts with the forum; and (3) the assertion of personal jurisdiction would comport with fair play and substantial justice. [Citation.]” (Ibid.) (Italics in original.)

Although the defendant is the moving party, the burden of proof is on the plaintiff to demonstrate sufficient minimum contacts exist. (Milhon v. Superior Court (1985) 169 Cal.App.3d 703, 710 [“[W]hen jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that ‘minimum contacts’ exists between defendant and the forum state to justify imposition of personal jurisdiction.”]; see also Floveyor International, Ltd. V. Superior Court (1997) 59 Cal.App.4th 789, 793.) If the plaintiff is able to meet this burden, the burden shifts to the defendant to demonstrate the exercise of jurisdiction would be unreasonable. (Buchanan v. Soto (2015) 241 Cal.App.4th 1353, 1362.)

III. Discussion

 

Here, because Defendants Michael and Sima were personally served with the Summons and Complaint on February 3, 2020, their responsive pleadings were due no later than March 4, 2020. (Code Civ. Proc., § 412.20, subd. (a)(3).) As these Motions were filed on March 4, 2020, they are timely.

Although the burden is on Plaintiff to demonstrate that Defendant Michael and Defendant Sima have sufficient minimum contacts to justify an exercise of jurisdiction over them, Defendants submitted the following evidence in support of their Motions.

Defendant Michael provides his declaration and attests that he has lived in the state of Washington continuously since 1977 and submits a copy of his Washington State driver’s license demonstrating that he currently lives in Kirkland, Washington. (Motions, Michael Decl., ¶ 8, Exh. D.) Defendant Sima similarly attests that she has lived in the State of Washington continuously since 1979 and provides a copy of her Washington State driver’s license demonstrating she currently lives in Kirkland, Washington. (Id., Sima Decl., ¶ 8, Exh. D.) Defendants Michael and Sima also argue they are not involved in the business operations of Defendant Quick or Defendant Duckfish. (Id., p. 3:23-4:9, Michael Decl., ¶ 9, Sima Decl., ¶ 9, Exhs. E, F.) As evidence, they provide copies of the Statement of Information and Articles of Incorporation for Defendant Quick and copies of the Statement of Information for Defendant Duckfish. (Id.) None of these documents identify Defendant Michael or Defendant Sima as officers, directors, or managers of Defendants Quick or Duckfish. (Id.)

Because Plaintiff failed to file an opposition to these Motions, he has not carried his burden to demonstrate sufficient minimum contacts exist between Defendant Michael and Defendant Sima and California. Thus, these Motions are GRANTED.

IV. Conclusion & Order

 

For the foregoing reasons, Defendants Michael S. Tayebi and Sima Rafii-Malek’s Motions to Quash Service for Lack of Personal Jurisdiction are GRANTED.Moving party is ordered to give notice.