Garner Built, Inc. v. Paradise Lodge 2227, Loyal Order of Moose Incorporated
Case Information
Motion(s)
Motion to Be Relieved as Counsel (Defense Counsel)
Motion Type Tags
Other
Parties
- Plaintiff: Garner Built, Inc.
- Defendant: Paradise Lodge 2227, Loyal Order of Moose Incorporated
Ruling
3. 25CV00320 Wells Fargo Bank, N A v. Flicker, Michael A
EVENT: Defendant’s Motion to Quash Service of Summons
Defendant’s Motion to Quash Service of Summons is GRANTED and is unopposed. When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413) As the motion is unopposed, Plaintiff has failed to meet that burden. Additionally, in light of the representations made by Defendant that he has been a resident of Placer County throughout the duration of this case, a question has arisen whether Butte County is the appropriate venue. As a result, pursuant to CCP 396a(b), the Court hereby issues an Order to Show Cause why this case should not be transferred to the Placer County Superior Court. The hearing is scheduled for June 17, 2026 at 9:00am. Any briefs shall be filed no later than June 3, 2026 at 9:00am. The Court shall mail notice to the parties.
4. 25CV00484 Garner Built, Inc. v. Paradise Lodge 2227, Loyal Order of Moose Incorporated
EVENT: Motion to Be Relieved as Counsel (Defense Counsel)
Motion to Be Relieved as Counsel is GRANTED. The Court will sign the proposed order. The order will become effective upon the filing of a proof of service demonstrating the client was served with the order.
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