BANK OF AMERICA, N.A. VS. SIOBHAN T OBOYLE ET AL

Matter on calendar for Thursday, July 16, 2026, Line 3, DEFENDANT SIOBHAN O'BOYLE's MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS.

Specially appearing defendant Siobhan T. O'Boyle's unopposed motion to quash service of summons and complaint is granted. "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 [internal quotation marks, citation, and footnote omitted].)

The declaration of a process server establishes a presumption affecting the burden of producing evidence that service was properly made. (Evid. Code, 647.) O'Boyle presents evidence that the process server's purported confirmation of her identity was faulty and that she was not personally served. (O'Boyle Decl., paras. 2-4.) The court credits her evidence. Plaintiff Bank of America, N.A., does not oppose the motion and presents no contrary evidence. Plaintiff has not proved the facts requisite to an effective service.

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). | |