JOSEPH ALEN BANKS JR VS. BART POLICE DEPARTMENT ET AL

Matter on the LAW AND MOTION / DISCOVERY CALENDAR FOR THURSDAY, JUL-31-2025, LINE 6. PLAINTIFF JOSEPH BANKS' MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS.

Plaintiff Joseph Alen Banks Jr's motion to quash is denied. Plaintiff Banks alleges he was assaulted at the Embarcadero Bart Station, then without cause arrested by Bart Police officers. He is suing BART and various officers for wrongful arrest.

On June 2, 2025, Defendants filed a cross-complaint against Larry Strickland, alleging Strickland was the person who assaulted Plaintiff. Defendants seek indemnity. Strickland is the only defendant named in the cross-complaint. Now, Plaintiff moves to quash service of the cross-complaint.

Plaintiff does not have standing to move to quash service of the summons and cross-complaint because he is not named as a defendant in the cross-complaint. "A defendant, on or before the last day of his or her time to plead...may serve and file a notice of motion...[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her." (Code of Civil Procedure section 418.10.) Plaintiff is not a defendant for purposes of the complaint or the cross-complaint. Thus, he is not able to make a motion to quash service of the cross-complaint.

Moreover, this court's jurisdiction over Plaintiff was settled when Plaintiff filed his complaint invoking the court's jurisdiction. Whether the court jurisdiction over Strickland is something that must be resolved, if ever, by motion by Strickland, not Plaintiff.

The timing requirements of California Rules of Court, rule 3.110, including subsection (c), are enforced by way of order to show cause issued by the court (in this court, issued by Department 610). (See California Rules of Court, rule 3.110(f).) Thus, Plaintiff's motion to enforce those requirements in this department and absent an order to show cause issued by the court fails.

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