Defendant’s Motion to Quash Service of Summons
to further enforce the terms herein, the party enforcing this Judgment shall be entitled to further attorney's fees and costs.
The Court Orders Plaintiff to provide notice of the Court’s ruling.
4 30-2026-01569981 The Court has read and considered the Plaintiff’s Motion to Deem Request Park Vista, LTD. vs. for Admission, Set One Admitted as to Julie Faris and Jerome Skinner (ROA Faris 38).
IT IS ORDERED that the Plaintiff's Motion to Deem Request for Admission, Set One Admitted as to Julie Faris and Jerome Skinner is granted and that the truth of all specified matters, and the genuineness of all specified documents, in the First Set of Requests for Admission, propounded by Plaintiff and served on Defendant’s Counsel Jacob O. Partiyelli on June 8, 2026, be deemed admitted.
The Court orders Defendant’s Counsel, Jacob O. Partiyelli, forthwith to pay a sanction in the amount of $1,185 to Plaintiff's Counsel. This sum shall be made payable to "Kimball, Tirey & St. John, LLP" within 5 business days of service of this order and shall be delivered via mail to Kimball, Tirey & St. John, LLP, 2040 Main Street, Suite 500, Irvine, CA 92614. If any party is required to further enforce the terms herein, the party enforcing this Judgment shall be entitled to further attorney's fees and costs.
The Court Orders Plaintiff to provide notice of the Court’s ruling.
5 30-2026-01567683 The Court has read and considered the Defendant’s Motion for Continuance Tran vs. Kim of the Court Trial and Related Dates (ROA 36) and Declaration re Ex Parte Notice (ROA 37).
The Court GRANTS the continuance request to coincide with the unlimited civil action 30-2026-01566561-CU-OR-CJC, which has before it a Motion to Consolidate requesting that the Orange County Superior Court consolidate this unlawful detainer case with that unlimited civil action due to the issues being litigated regarding title interest to the premises property which is the subject of this unlawful detainer.
The Court sets a case management conference for August 19, 2026 at 8:30 AM in C61 regarding the status of the motion to consolidate and a Court Trial date of August 24, 2026 at 8:30 AM in Department C61.
The Court vacates the July 9, 2026, court trial date.
The Defendant is ordered to provide notice of the Court’s ruling.
6 30-2026-01576055 The Court has read and considered the Defendant’s Motion to Quash Service Suzanna Weber of Summons (ROA 12). Echevarria As Trustee Of The Suzanne The Court GRANTS the Motion to Quash Service of Summons. No proof of Weber Echevarria service has been filed with the Court regarding service of the summons and Living Trust vs. Lee complaint on the Defendant.
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The Court Clerk is to provide notice of the Court’s ruling.
7 30-2026-01565947 The Court has read and considered: (1) Defendant Kyle Gorny's Motion to Tarbell vs. Estate of Quash Service of Summons (ROA 43); (2) Defendant Alyssa Gorny's Eugene Gorny Demurrer to Complaint (ROA 27); and (3) Defendant Adam Gorny's Demurrer to the Complaint (ROA 26).
The Court takes Judicial Notice of the Complaint (ROA 2), Application to Serve Summons by Posting -Unlawful Detainer (ROA 9) and the 6/26/2026 Minute Order (ROA 55).
As to the Motion to Quash Service of Summons by Kyle Gorny, the Court GRANTS the motion to quash service. The Complaint (ROA 2) attached an email from Kyle Gorny to Plaintiff’s counsel dated March 19, 2026, that Kyle Gorny had not resided at the premises since approximately 2013 and he was only listed as an occupant on the 2012 lease. The Court would note that the residential lease agreement dated 6/7/2012, attached to the Complaint, states that the premises are for the personal residence of Eugene R. Gorny Jr. and “children Kyle, Adam and Alyssa.” Plaintiff’s counsel was on notice prior to submitting the Application to Serve Summons by Posting with the Court on 5/16/2026 that Kyle Gorny did not reside at the address and posting and mailing were not likely to lead to actual notice of the proceedings to Kyle Gorney.
As to the Demurrer to the Complaint filed by Adam and Alyssa Gorny, the Court SUSTAINS the Demurrer. Plaintiff fails to attach to the Complaint a true and correct copy of the 3-day notice to quit, seeks to recover past due rent but does not indicate in the complaint that a 3-day notice to pay rent or quit was served on the Defendants, and fails to state the specific subpart supporting why tenancy is exempt from the Tenant Protection Act of 2019. Plaintiff is granted leave to amend the complaint within 5 days of the Court’s ruling.
The Court strikes the Order to Serve Summons by Posting (ROA 11). Plaintiff is ordered to serve each named Defendant pursuant to the applicable code sections and provide proof of service of the Amended Complaint on each Defendant.
Possession is no longer at issue in this matter.
The Court Clerk is to provide notice of the Court’s ruling.
10 30-2026-01570325 The Court has read and considered the Defendants’ Demurrer to the Kimble, Drivdahl & Complaint (ROA 12) and the Plaintiff’s Opposition (ROA 24). Turtzer, LLC vs. Hernandez Defendants contend that Plaintiff failed to serve a valid notice to perform covenants or quit as required by California Code of Civil Procedure section 1161(3), and therefore request that the Court sustain the demurrer without leave to amend.