Ashley Leon vs Gabrielle Cato
Motion to Quash Service of Summons
Motion type
Parties
Ruling
25CV-03494 Ashley Leon vs Gabrielle Cato
Motion to Quash Service of Summons
Plaintiff’s request for continuance is DENIED.
Defendant’s motion to quash service of summons is DENIED WITHOUT PREJUDICE.
Defendant moved to quash service under Code of Civil Procedure section 418.10. Defendant’s time to plead has expired, rendering Code of Civil Procedure section 418.10 inapplicable.
Further, the proof of service by Defendant is defective. The proof of service must be made by an individual not a party to the action. Here, it appears that Defendant herself is the one who served the motion. It also appears that Defendant served the motion at the wrong email address for Plaintiff’s attorney.
Last, Defendant’s motion and declaration are defective as they are not signed by Defendant.
26CV-02384 Confidential
Hearing: In Camera
Appearance required.
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