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CGC25631969·sf·Civil·Motion to Quash
Hearing about 2 months agoGRANTED

SAMANTHA D. RAJAPAKSE VS. FREELANCER.COM ALSO AS FREELANCER, A FOREIGN

Motion to Quash Service of Summons or Stay or Dismiss

Hearing date
Jun 29, 2026
Department
301
Prevailing
Defendant

Motion type

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Parties

PlaintiffSAMANTHA D. RAJAPAKSE
DefendantFREELANCER.COM ALSO AS FREELANCER, A FOREIGN COMPANY DBA ESCROW.COM

Ruling

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25631969 - June 29, 2026 Hearing date: June 29, 2026 Case number: CGC25631969 Case title: SAMANTHA D. RAJAPAKSE VS. FREELANCER.COM ALSO AS FREELANCER, A FOREIGN Case Number: | | CGC25631969 | Case Title: | | SAMANTHA D. RAJAPAKSE VS. FREELANCER.COM ALSO AS FREELANCER, A FOREIGN | Court Date: | | 2026-06-29 09:00 AM | Calendar Matter: | | DEFENDANT FREELANCER.COM ALSO AS FREELANCER, A FOREIGN COMPANY DBA ESCROW.COM MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS (ADDED TO CALENDAR FOR TENTATIVE RULING ENTRY PURPOSES ONLY) | Rulings: | | On the Law & Motion/Discovery calendar for Monday, June 29, 2026, Line 6, (Part 2 of 2, tentative ruling continues from previous entry.)

DEFENDANT FREELANCER.COM ALSO AS FREELANCER, A FOREIGN COMPANY DBA ESCROW.COM MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS (ADDED TO CALENDAR FOR TENTATIVE RULING ENTRY PURPOSES ONLY)

In addition, service of summons by certified mail on an authorized agent for the corporation may be made pursuant to Code of Civil Procedure, section 415.30, but this method requires the plaintiff to include the notice and acknowledgment specified in subdivision (b) of that section. The notice Caus received did not include a notice and acknowledgment, and Rajapakse provides no proof that the notice and acknowledgment were included in the service package. In addition, a corporation can only be served by service on an authorized person, i.e. a person specified in section 416.10, and not merely by addressing mail to the corporation.

The court does not find substantial compliance with the relevant service statutes and grants the motion to quash. The court does not address Defendant's argument that it is not properly named in the complaint; this is a merits issue that is not properly addressed in a motion to quash.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA) | |

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