This case was last updated from Los Angeles County Superior Courts on 05/16/2021 at 17:44:32 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS CHRISTOPHER WOODEN

Case Summary

On 11/18/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against CHRISTOPHER WOODEN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9676

  • Filing Date:

    11/18/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

WOODEN CHRISTOPHER

Attorney/Law Firm Details

Plaintiff Attorney

GENCHEL ROBIN F

 

Court Documents

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

11/18/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/18/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/18/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

11/18/2020: Summons - Summons on Complaint

Complaint - Complaint

11/18/2020: Complaint - Complaint

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/6/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

 

Docket Entries

  • 11/22/2023
  • Hearing11/22/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 05/18/2022
  • Hearing05/18/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/06/2021
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: CHRISTOPHER WOODEN (Defendant); Proof of Mailing Date: 12/23/2020; Service Cost: 70.00; Service Cost Waived: No

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  • 11/18/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: CHRISTOPHER WOODEN (Defendant)

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  • 11/18/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: CHRISTOPHER WOODEN (Defendant)

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  • 11/18/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: CHRISTOPHER WOODEN (Defendant)

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  • 11/18/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/18/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/18/2020
  • DocketNon-Jury Trial scheduled for 05/18/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/22/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/18/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

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Case Number: 20STLC09676 Hearing Date: October 4, 2021 Dept: 26

State Farm v. Wooden, et al. 20STLC09676

MOTION\r\nTO QUASH SERVICE

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(CCP § 418.10)

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TENTATIVE RULING:

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Defendant Christopher Wooden’s\r\nMotion to Quash Service of the Summons and Complaint is CONTINUED TO DECEMBER\r\n16, 2021 AT _10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

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ANALYSIS:

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On November 18,\r\n2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the Complaint in this action against\r\nDefendant Christopher Wooden (“Defendant”). Proof of substitute service was\r\nfiled on January 6, 2021. On August 6, 2021,\r\nDefendant filed the instant Motion to Quash Service of the Summons and\r\nComplaint. To date, Plaintiff filed not filed an opposition.

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Discussion

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Defendant moves to quash service of the Summons and\r\nComplaint on the grounds that the Summons and Complaint were sub-served to a\r\nCalifornia address at which he longer resided, and that he was residing in\r\nArkansas at the time of service.

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As an intial matter, the Court finds that service of the\r\nMotion is not proper. The Motion was served by electronic mail to Christopher\r\nTownsley, Esq. at Pillemer & Pillemer. (Motion, Proof of Service.) The\r\nattorney of record on this case, however, is Robin F. Genchel, whose name\r\nappears on all the pleadings. (See Compl., p. 1.) Attorney Christopher Townsley\r\nis not listed as an attorney for Plaintiff. Failure to give notice of a\r\nmotion is not only a violation of the statutory requirements but of due\r\nprocess. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d\r\n754, 757.)

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Substantively, Defendant has properly challenged the\r\npropriety of service. Where service is challenged, the burden is on the\r\nplaintiff to prove the facts requisite to an effective service. “When a\r\ndefendant challenges the court’s personal\r\njurisdiction on the ground of improper service of process ‘the burden is on the\r\nplaintiff to prove the existence of jurisdiction by proving, inter alia, the\r\nfacts requisite to an effective service.’” (Summers\r\nv. McClanahan (2006) 140 Cal.App.4th 403, 413; see also Lebel v. Mai\r\n(2012) 210 Cal.App.4th 1154, 1160.)

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Plaintiff filed a proof of service indicating that the\r\nSummons and Complaint were sub-served to Defendant at 3416 Pueblo Avenue, Los\r\nAngeles, California on December 13, 2020. (Proof of Service, filed 01/06/20,\r\n¶¶4-5.) However, Defendant declares that as of August 2020, he no longer\r\nresided at Pueblo Drive and attaches a copy of lease amendment removing his\r\nname from the lease of the service address on August 1, 2020. (Motion, Wooden\r\nDecl., ¶¶7-8 and Exh. B.) Defendant further declares that he moved out of\r\nCalifornia on August 1, 2020 and submits proof of travel. (Id. at ¶9 and\r\nExh. C.) This evidence shifts the burden to Plaintiff to demonstrate that\r\nservice complies with the statutory requirements. Until proper notice of the\r\nhearing and service of the Motion, however, the Court can make no ruling on the\r\nmerits of the request to quash service of the Summons.

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Conclusion

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Defendant Christopher Wooden’s\r\nMotion to Quash Service of the Summons and Complaint is CONTINUED TO DECEMBER\r\n16, 2021 AT _10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT\r\nLEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO FILE PROOF\r\nOF SERVICE DEMONSTRATING PROPER SERVICE OF THE MOTION AND NOTICE OF HEARING ON\r\nPLAINTIFF. FAIULRE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR\r\nOR DENIED.

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Moving party to give notice.

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