This case was last updated from Los Angeles County Superior Courts on 07/10/2019 at 01:06:45 (UTC).

MOHAMMED SADEGHI VS. MICHAEL LAUGHNAN

Case Summary

On 01/31/2018 a Contract - Other Contract case was filed by MOHAMMED SADEGHI against MICHAEL LAUGHNAN in the jurisdiction of Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7720

  • Filing Date:

    01/31/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WILLIAM D. STEWART

 

Party Details

Plaintiff

SADEGHI MOHAMMED

Defendants

LAUGHNAN MICHAEL

DAUGHERTY RICHARD DOE 1

 

Court Documents

Order on Court Fee Waiver (Superior Court)

1/31/2018: Order on Court Fee Waiver (Superior Court)

Civil Case Cover Sheet

1/31/2018: Civil Case Cover Sheet

Notice of Case Management Conference

2/14/2018: Notice of Case Management Conference

Legacy Document

3/1/2018: Legacy Document

Minute Order

4/17/2018: Minute Order

Legacy Document

6/11/2018: Legacy Document

Minute Order

6/22/2018: Minute Order

Minute Order

9/11/2018: Minute Order

Application

10/29/2018: Application

Minute Order

11/9/2018: Minute Order

Minute Order

1/31/2019: Minute Order

Application for Publication

3/6/2019: Application for Publication

Order for Publication

4/2/2019: Order for Publication

Order for Publication

4/10/2019: Order for Publication

Proof of Publication

5/17/2019: Proof of Publication

Proof of Publication

6/3/2019: Proof of Publication

Minute Order

6/13/2019: Minute Order

Request for Entry of Default / Judgment

6/20/2019: Request for Entry of Default / Judgment

12 More Documents Available

 

Docket Entries

  • 06/20/2019
  • Request for Entry of Default / Judgment; Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 06/13/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; CRASH Settlement Conference (and Order to Show Cause re Trial Court Delay Reduction Act including service by Publication) - Held

    Read MoreRead Less
  • 06/13/2019
  • Minute Order ( (CRASH Settlement Conference and Order to Show Cause re Trial ...)); Filed by Clerk

    Read MoreRead Less
  • 06/03/2019
  • Proof of Publication; Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 05/17/2019
  • Proof of Publication; Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 04/10/2019
  • Order for Publication; Filed by Randall Jonathan Paulson (Attorney)

    Read MoreRead Less
  • 04/02/2019
  • Order for Publication; Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 03/07/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Case Management Conference - Held - Continued

    Read MoreRead Less
  • 03/07/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held - Continued

    Read MoreRead Less
  • 03/07/2019
  • Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service; Cas...)); Filed by Clerk

    Read MoreRead Less
15 More Docket Entries
  • 06/11/2018
  • Motion to Vacate; Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 04/17/2018
  • at 08:30 AM in Department A; Order to Show Cause Re: Failure to File Proof of Service (OSC-Failure to File Proof of Serv; Order of Dismissal) -

    Read MoreRead Less
  • 04/17/2018
  • Minute order entered: 2018-04-17 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 03/01/2018
  • Summons Issued; Filed by Clerk

    Read MoreRead Less
  • 02/14/2018
  • Notice of Case Management Conference; Filed by Court

    Read MoreRead Less
  • 01/31/2018
  • Order on Court Fee Waiver (Superior Court); Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 01/31/2018
  • Complaint; Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 01/31/2018
  • Civil Case Cover Sheet; Filed by Mohammed Sadeghi (Plaintiff)

    Read MoreRead Less
  • 01/31/2018
  • Notice of Case Management Conference

    Read MoreRead Less
  • 01/31/2018
  • OSC-Failure to File Proof of Serv; Filed by Court

    Read MoreRead Less

Tentative Rulings

Case Number: EC067720    Hearing Date: November 01, 2019    Dept: A

Sadeghi v Laughnan

Motion to Set Aside; Motion to Quash Summons

Calendar:

11

Case No.:

EC067720

Hearing Date:

November 01, 2019

Action Filed:

January 31, 2018

Trial Date:

Not Set

MP:

Defendant Richard Daugherty

RP:

N/A

ALLEGATIONS:

The instant action arises from the alleged failure of Defendants Michael Laughnan (“Laughnan”) and Richard Daugherty (originally sued as Doe 1, herein “Daugherty”) to properly effectuate service of process on behalf of Plaintiff Mohammed Sadeghi (“Plaintiff”) in a 2016 unlawful detainer action.

Plaintiff filed his Complaint on January 31, 2018, alleging two causes of action sounding in (1) Breach of Contract, and (2) Negligence.

PRESENTATION:

Daugherty was added to the Complaint through a Doe amendment on September 04, 2018. Thereafter, on March 06, 2019, Plaintiff filed an application to serve Daugherty by means of publication. The Court denied the application for publication, but Plaintiff filed proof of service by publication on June 03, 2019, in The Weekly Valley Vantage and Calabasas Enterprise, dated March 01, 2019. Entry of Default was filed on June 20, 2019, but Default Judgement was rejected by the clerk on September 30, 2019, based, in part, on the designation of 6211 Van Nuys Blvd., Suite 210, Van Nuys, CA 91401 as the address for service of the Default application to Defendants.

Daugherty filed the instant motion to set aside entry of default and motion to quash service of summons on October 02, 2019. No opposition to either motion has been received by the Court.

RELIEF REQUESTED:

Defendant moves to set aside default and to quash service.

DISCUSSION:

Standard of Review – Quash Service of SummonsWithout valid service of a summons, the court never acquires jurisdiction over a defendant. Hence, the statutory ground for the motion to quash is that the court lacks jurisdiction over the defendant. Code of Civ. Proc. §418.10(a)(1). Code of Civ. Proc. §418.10 authorizes a motion to quash service of summons within the time allowed for filing a response to the complaint. If the motion is timely made, “no act” by the party making such motion, “including filing an answer, demurrer or motion to strike,” shall be deemed a general appearance. Code of Civ. Proc. §418.10(e)(1).

The Court has reviewed Plaintiff’s application for service by publication, and Request for Entry of Default which was rejected by the Court, and approved by the clerk, respectively. As noted above, the Court never obtains jurisdiction over a defendant absent valid service, and no service never occurred here, the Court will grant the motion to quash, and, as the Entry of Default was entered without valid service, the Court will vacate the entry of default on its own motion.

---

RULING: GRANT MOTION TO QUASH; VACATE AND SET ASIDE ENTRY OF DEFAULT ON THE COURT’S OWN MOTION.

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Defendant Richard Daugherty’s Motion to Set Aside Default and Motion to Quash Service of Summons came on regularly for hearing on November 01, 2019, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION TO QUASH IS GRANTED; AND

ENTRY OF DEFAULT IS VACATED ON THE COURT’S OWN MOTION.

DATE: _______________ _______________________________

JUDGE