On 10/30/2018 WESTLAKE SERVICES, LLC filed a Contract - Other Contract lawsuit against FORMULA ONE MOTORS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
*******3715
10/30/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES A LIMITED LIABILTY COMPANY
FORMULA ONE MOTORS
ZAHERI MICHAEL
YADEGARI ARASH E.
FRIEDMAN JOSHUA P
REISENAUER PETER JONATHAN
8/10/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
7/6/2020: Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons)
6/26/2020: Reply (name extension) - Reply to Plaintiff's Opp to Defendant's Motion to Quash
6/8/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
6/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
5/19/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)
5/19/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/19/2020
5/27/2020: Request for Dismissal - Request for Dismissal
2/4/2020: Substitution of Attorney - Substitution of Attorney
2/13/2020: Request for Dismissal - Request for Dismissal
3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
4/9/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
4/9/2020: Proof of Service by Mail - Proof of Service by Mail
4/9/2020: Notice of Motion - Notice of Motion
4/15/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
10/30/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
10/30/2018: Complaint - Complaint
10/30/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing11/02/2021 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
Hearing05/13/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketRequest for Entry of Default / Judgment; Filed by: Westlake Services, LLC (Plaintiff); As to: Michael Zaheri (Defendant)
DocketDefault entered as to Michael Zaheri; On the Complaint filed by Westlake Services, LLC on 10/30/2018
DocketMinute Order (Hearing on Motion to Quash Service of Summons)
DocketHearing on Motion to Quash Service of Summons scheduled for 07/06/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/06/2020; Result Type to Held - Motion Denied
DocketReply to Plaintiff's Opp to Defendant's Motion to Quash; Filed by: Michael Zaheri (Defendant)
DocketProof of Service by Substituted Service; Filed by: Westlake Services, LLC (Plaintiff); As to: Michael Zaheri (Defendant); Proof of Mailing Date: 03/02/2020; Service Cost: 113.95; Service Cost Waived: No
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketOn the Court's own motion, Hearing on Motion to Quash Service of Summons scheduled for 07/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/06/2020 09:30 AM
DocketOn the Complaint filed by Westlake Services, LLC on 10/30/2018, entered Request for Dismissal without prejudice filed by Westlake Services, LLC as to Formula One Motors,
DocketSubstitution of Attorney; Filed by: Westlake Services, LLC (Plaintiff)
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketNon-Jury Trial scheduled for 04/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: Westlake Services, LLC (Plaintiff); As to: Formula One Motors, (Defendant)
DocketCivil Case Cover Sheet; Filed by: Westlake Services, LLC (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
Case Number: 18STLC13715 Hearing Date: July 06, 2020 Dept: 25
MOTION TO QUASH SERVICE
(CCP § 418.10)
TENTATIVE RULING:
Defendant Michael Zaheri’s Motion to Quash Service is DENIED.
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: Filed on June 3, 2020 [ ] Late [ ] None
REPLY: Filed on June 26, 2020 [ ] Late [ ] None
ANALYSIS:
Background
On October 30, 2018, Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed an action for breach of contract and common counts against Defendants Formula One Motors (“Formula One”) and Michael Zaheri (“Zaheri”). On February 18, 2020, Defendant Formula One was dismissed from the action. (2/13/20 Minute Order.) On April 15, 2020, Plaintiff filed a proof of service demonstrating that, on March 1, 2020, Defendant Zaheri was served by substitute service. (4/15/20 Proof of Service.)
On April 9, 2020, Defendant Zaheri filed the instant Motion to Quash Service (the “Motion”). On June 3, 2020, Plaintiff filed an Opposition, and on June 26, 2020, Defendant filed a Reply.
Legal Standard & Discussion
“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).)
Defendant Zaheri’s Motion is timely. He argues that, pursuant to California Rules of Court, rule 3.110, service was untimely because Defendant Zaheri was served well after 60 days from the date the Complaint was filed. (Mot., p. 2:7-18.) As a result, he argues, the Court is required to quash service of the Summons and Complaint. (Id.) In Opposition, Plaintiff argues that the remedy for failing to comply with Rule 3.110, subdivision (b) is an award of sanctions, not dismissal of the summons and complaint. (Oppo., p. 2:8-21.) In Reply, Defendant Zaheri argues that Plaintiff’s interpretation essentially renders Rule 3.110 meaningless. (Reply, p. 3:5-9.)
Rule 3.110, subdivision (b) states that the Complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after filing the complaint. Indeed, the remedy for failure to serve within 60 days is potential award of sanctions, not an order quashing the Summons and Complaint. Rule 3.110, subdivision (f) provides that “[i]f a party fails to serve and file pleadings as required under this rule and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.” Defendant Zaheri has not provided any authority providing otherwise.
Conclusion & Order
For the foregoing reasons, Defendant Michael Zaheri’s Motion to Quash Service is DENIED.
Moving party is ordered to give notice.
Case Number: 18STLC13715 Hearing Date: July 02, 2020 Dept: 25
MOTION TO QUASH SERVICE
(CCP § 418.10)
TENTATIVE RULING:
Defendant Michael Zaheri’s Motion to Quash Service is DENIED.
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: Filed on June 3, 2020 [ ] Late [ ] None
REPLY: Filed on June 26, 2020 [ ] Late [ ] None
ANALYSIS:
Background
On October 30, 2018, Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed an action for breach of contract and common counts against Defendants Formula One Motors (“Formula One”) and Michael Zaheri (“Zaheri”). On February 18, 2020, Defendant Formula One was dismissed from the action. (2/13/20 Minute Order.) On April 15, 2020, Plaintiff filed a proof of service demonstrating that, on March 1, 2020, Defendant Zaheri was served by substitute service. (4/15/20 Proof of Service.)
On April 9, 2020, Defendant Zaheri filed the instant Motion to Quash Service (the “Motion”). On June 3, 2020, Plaintiff filed an Opposition, and on June 26, 2020, Defendant filed a Reply.
Legal Standard & Discussion
“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).)
Defendant Zaheri’s Motion is timely. He argues that, pursuant to California Rules of Court, rule 3.110, service was untimely because Defendant Zaheri was served well after 60 days from the date the Complaint was filed. (Mot., p. 2:7-18.) As a result, he argues, the Court is required to quash service of the Summons and Complaint. (Id.) In Opposition, Plaintiff argues that the remedy for failing to comply with Rule 3.110, subdivision (b) is an award of sanctions, not dismissal of the summons and complaint. (Oppo., p. 2:8-21.) In Reply, Defendant Zaheri argues that Plaintiff’s interpretation essentially renders Rule 3.110 meaningless. (Reply, p. 3:5-9.)
Rule 3.110, subdivision (b) states that the Complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after filing the complaint. Indeed, the remedy for failure to serve within 60 days is potential award of sanctions, not an order quashing the Summons and Complaint. Rule 3.110, subdivision (f) provides that “[i]f a party fails to serve and file pleadings as required under this rule and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.” Defendant Zaheri has not provided any authority providing otherwise.
Conclusion & Order
For the foregoing reasons, Defendant Michael Zaheri’s Motion to Quash Service is DENIED.
Moving party is ordered to give notice.