This case was last updated from Los Angeles County Superior Courts on 06/06/2019 at 21:35:21 (UTC).

VENTURA RETANA VS EAN HOLDINGS LLC ET AL

Case Summary

On 12/12/2016 VENTURA RETANA filed a Personal Injury - Motor Vehicle lawsuit against EAN HOLDINGS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3679

  • Filing Date:

    12/12/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

RETANA VENTURA

Defendants and Respondents

EAN HOLDINGS LLC

JIA CHENDI

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GOLDSZER RONALD I. ESQ.

Defendant Attorney

MILLER ADAM I. ESQ.

 

Court Documents

SUMMONS

12/12/2016: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

12/12/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

PROOF OF SERVICE SUMMONS

4/9/2018: PROOF OF SERVICE SUMMONS

DECLARATION OF ADAM I. MILLER FOR 30-DAY AUTO EXTENSION PURSUANT TO C.C.P SECTION 430.41

5/2/2018: DECLARATION OF ADAM I. MILLER FOR 30-DAY AUTO EXTENSION PURSUANT TO C.C.P SECTION 430.41

PROOF OF SERVICE SUMMONS

5/24/2018: PROOF OF SERVICE SUMMONS

Minute Order

5/29/2018: Minute Order

EAN HOLDINGS, LLC?S REQUEST FOR JUDICIAL NOTICE

7/5/2018: EAN HOLDINGS, LLC?S REQUEST FOR JUDICIAL NOTICE

DEFENDANTS EAN HOLDINGS, LLC?S NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT OF PLAINTIFF VENTURA RETANA; DECLARATION OF ADAM I. MILLER; REQUEST FOR JUDICIAL NOTICE

7/5/2018: DEFENDANTS EAN HOLDINGS, LLC?S NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT OF PLAINTIFF VENTURA RETANA; DECLARATION OF ADAM I. MILLER; REQUEST FOR JUDICIAL NOTICE

Minute Order

1/9/2019: Minute Order

Declaration

4/2/2019: Declaration

Minute Order

4/4/2019: Minute Order

Unknown

5/7/2019: Unknown

 

Docket Entries

  • 05/07/2019
  • Notice of Rejection - Ex Parte Application Without Hearing (for Publication re: Chendi)

    Read MoreRead Less
  • 04/04/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal for failure to serve Deft. Chendi Jia / alt. Trial Setting Conference) - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 04/04/2019
  • Minute Order ( (Legacy Event Type : OSC RE Dismissal for failure to serve Def...)); Filed by Clerk

    Read MoreRead Less
  • 04/02/2019
  • Declaration (Declaration of Ronald I. Goldszer RE Failure to Serve DefendaNt Chendi Jia Via Publication); Filed by Ventura Retana (Plaintiff)

    Read MoreRead Less
  • 01/09/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal) - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 01/09/2019
  • Minute Order ((Legacy Event Type : OSC RE Dismissal)); Filed by Clerk

    Read MoreRead Less
  • 09/07/2018
  • Partial Dismissal (with Prejudice); Filed by Ventura Retana (Plaintiff)

    Read MoreRead Less
  • 08/16/2018
  • at 1:30 PM in Department 5; Hearing on Demurrer - without Motion to Strike (DEMURRER; Off Calendar) -

    Read MoreRead Less
  • 08/16/2018
  • Minute order entered: 2018-08-16 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 07/05/2018
  • EAN HOLDINGS, LLC S REQUEST FOR JUDICIAL NOTICE

    Read MoreRead Less
5 More Docket Entries
  • 05/29/2018
  • Minute order entered: 2018-05-29 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 05/24/2018
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 05/24/2018
  • Proof-Service/Summons; Filed by Ventura Retana (Plaintiff)

    Read MoreRead Less
  • 05/02/2018
  • DECLARATION OF ADAM I. MILLER FOR 30-DAY AUTO EXTENSION PURSUANT TO C.C.P SECTION 430.41

    Read MoreRead Less
  • 05/02/2018
  • Declaration; Filed by Ean Holdings, LLC (Defendant)

    Read MoreRead Less
  • 04/09/2018
  • Proof-Service/Summons; Filed by Ventura Retana (Plaintiff)

    Read MoreRead Less
  • 04/09/2018
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 12/12/2016
  • Complaint; Filed by Ventura Retana (Plaintiff)

    Read MoreRead Less
  • 12/12/2016
  • SUMMONS

    Read MoreRead Less
  • 12/12/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less

Tentative Rulings

Case Number: BC643679    Hearing Date: January 30, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

ventura retana,

Plaintiff,

v.

ean holdings, llc, et al.,

Defendants.

Case No.: BC643679

Hearing Date: January 30, 2020

[TENTATIVE] order RE:

Specially Appearing defendant’s motion to quash service of process

BACKGROUND

Plaintiff Ventura Retana (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Chendi Jia (“Defendant”). Defendant specially appears and moves to quash service of the summons and complaint. The motion is denied.

LEGAL STANDARD

“When a defendant challenges . . . jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving . . . the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.) Nonetheless, the defendant “must present some admissible evidence (declarations or affidavits) to place the issue before the court (by showing the absence of minimum contacts with the state) . . . .” (School Dist. of Okaloosa County v. Superior Court (1997) 58 Cal.App.4th 1126, 1131.)

DISCUSSION

Plaintiff obtained an order to serve Defendant by publication in the Detroit Legal News, Ingham County Legal News, and the Los Angeles Daily Journal. Defendant argues that service was not proper because Defendant was not a resident of Los Angeles, Detroit, or Ingham County at the time of the order. If the evidence in support of the application for the order for service by publication are incorrect, the service by that method is void. (See Olvera v. Olvera (1991) 232 Cal.App.3d 32, 41.) Defendant has not, however, proffered any admissible evidence demonstrating that service by publication was improper. Defendant relies on a report from Branson Investigative Services, but that report is hearsay with respect to the truth of its contents. (Evid. Code, § 1200.) Regardless, the report states only that Branson Investigative Services could not locate Defendant. It does not establish that Defendant is not a resident of Los Angeles, or Detroit or Ingham County. Accordingly, Defendant has not shown that service was improper.

CONCLUSION AND ORDER

Defendant’s motion to quash is denied. Defendant shall provide notice and file proof of such with the Court.

DATED: January 30, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court