WAWANESA GENERAL INSURANCE VS GERARDO ACEVEDO

Tentative Rulings

Case Number: 19STLC08912    Hearing Date: August 03, 2020    Dept: 26

MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT

TENTATIVE RULING:

Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint is DENIED.

ANALYSIS:

Plaintiff Wawanesa Insurance Company (“Plaintiff”) filed the instant action for insurance subrogation against Defendant Gerardo Acevedo (“Defendant”) on September 27, 2019. Plaintiff filed a proof of substitute service on October 24, 2019. On November 25, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint. The Motion initially came for hearing on March 5, 2020, at which time the Court ruled that Defendant has not demonstrated service of the Motion to Quash on Plaintiff. The Court also found that the Motion was not supported by any legal authority. The Court continued the hearing and ordered Defendant to (1) file supplemental papers addressing the legal basis for the request to quash service; and (2) demonstrate service of the motion papers and notice of continuance on Plaintiff.

To date, no supplemental papers nor proof of service has been filed as ordered. As noted earlier, failure to give notice of the Motion is a violation of the statutory requirements for notice and of Plaintiff’s right to due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Nor can the Court grant relief without citation to the legal authority on which the Motion is brought. (Cal. Rules of Court, Rule 3.1113, subd. (b).)

Therefore, Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint is DENIED.

Court clerk to give notice.

Case Number: 19STLC08912    Hearing Date: March 05, 2020    Dept: 26

Wawanesa General Ins. Co. v. Acevedo, et al.

MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT

TENTATIVE RULING:

Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint t is CONTINUED TO JUNE 4, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Wawanesa Insurance Company (“Plaintiff”) filed the instant action for insurance subrogation against Defendant Gerardo Acevedo (“Defendant”) on September 27, 2019. Plaintiff filed a proof of substitute service on October 24, 2019. On November 25, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint. To date, no opposition has been filed.

Defendant has not demonstrated service of the Motion to Quash on Plaintiff as there is no accompanying proof of service. Failure to give notice of the Motion is a violation of the statutory requirements for notice and of Plaintiff’s right to due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Additionally, the Court notes that the Motion is not supported by any legal authority, as required by Cal. Rules of Court Rule 3.1113, subdivision (b): “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).) The Court cannot grant relief without citation to the legal authority on which the Motion is brought.

Based on the foregoing, the hearing on Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint is CONTINUED TO JUNE 4, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO FILE SUPPLEMENTAL PAPERS WITH SUPPORTING LEGAL AUTHORITY AND PROOF OF SERVICE OF THE ORIGINAL AND SUPPLEMENTAL MOTION PAPERS. ANY OPPOSITION OR REPLY PAPERS ARE TO BE FILED PER THE CODE OF CIVIL PROCEDURE.

Court clerk to give notice.