| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25626978 - September 9, 2025 Hearing date: September 9, 2025 Case number: CGC25626978 Case title: JPMORGAN CHASE BANK, N.A. VS. SAMUEL H STONE Case Number: | | CGC25626978 | Case Title: | | JPMORGAN CHASE BANK, N.A. VS. SAMUEL H STONE | Court Date: | | 2025-09-09 09:00 AM | Calendar Matter: | | MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS | Rulings: | | On the Law & Motion/Discovery calendar for September 9, 2025, line 9. DEFENDANT SAMUEL STONE'S MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS.
Defendant Samuel Stone's unopposed Motion to Quash Service of Summons or Stay or Dismiss is DENIED. Defendant failed to demonstrate proper service. Conventional service is by delivery of paper copies. Conventional service is the rule in cases with self-represented parties. (See LRSF, rule 2.11(d)(2).) E-service is allowed where the self-represented agrees, in writing, or otherwise consents to accept E-Service. (See ibid.) Here, Defendant's proof reports that he e-served the moving papers. But Defendant has not demonstrated he has agreed in writing to accept e-service. On this record, the most reasonable inference is Defendant has not so agreed, given that Defendant does not identify an email address on his captions. (See California Rules of Court, rule 2.111(1) [caption must list email address of filer].) Absent conventional service, service is inadequate.
Even if e-service were proper, Defendant's motion was neither timely filed nor timely served. (See Code of Civil Procedure section 1005(b) [moving papers must be filed 16 court days before date set for hearing]; see also Code of Civil Procedure section 1010.6(a)(3)(B) [service by email adds two court days to "any period of notice"].)
Even if Defendant had properly filed and served his papers, the motion would fail. Defendant has filed motions, including a motion to disqualify counsel. Defendant, thus, has generally appeared and forfeited any claim the court lacks personal jurisdiction over him.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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 contestdept302tr@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 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. =(302/JMQ) | |