PETITION FOR CHANGE OF NAME
to meet their burden to show that enforcement of the New York forum selection clause will not diminish Plaintiffs’ rights under California law from protection against usury, it need not engage in a weighing of the additional equitable factors upon which Defendants’ motion is based.
Based on the foregoing, the motion is DENIED.
In The Matter of Catherine Marie Byers 26CV000081
PETITION FOR CHANGE OF NAME
TENTATIVE RULING: Notice has been properly published and no written objections have been filed. The petition is GRANTED without need for appearance.
LVNV Funding LLC v. Babatunde Agbabiaka 26CV000103
MOTION TO QUASH SERVICE OF SUMMONS
TENTATIVE RULING: The motion is GRANTED.
Defendant Babatunde Agbabiaka Jr (“Defendant”) moves, pursuant to Code of Civil Procedure, section 418.10, subdivision (a)(1), 4 to quash service of summons on the grounds that Defendant was not properly served.
“A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (§ 418.10, subd. (a)(1).)
Whether a defendant is subject to personal jurisdiction in a forum state involves two separate factors. First, the existence of a constitutionally-sufficient basis for personal jurisdiction over each defendant; and second, acquisition of such jurisdiction by service of process in accordance with statutory and due process requirements. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229; Borsuk v. Appellate Division of Superior Court (2015) 242 Cal.App.4th 607, 612.) The only issue in dispute on the present Motion is the second factor – proper service of process.
“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 facts requisite to an effective service.” (
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Defendant claims that the proof of service (“POS”) shows the summons and complaint were left on a bench outside the property at 812 Danrose Dr, American Canyon, CA 94503.
4 All subsequent statutory references are to the Code of Civil Procedure unless otherwise specified.
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