AMERICAN EXPRESS NATIONAL BANK vs. AUBREY LARGAESPADA; ET AL.

Case No. CL26-01992

Motion to Quash Service of Summons

The motion to quash the summons filed by Defendant Largaespada is denied.

The return of a registered process server creates a presumption, affecting the burden of production of evidence, of the facts stated in that return. (Evid. Code § 647.) The effect of this presumption is to assume the truth of the presumed fact unless and until

evidence is introduced to support a finding of the presumed fact's nonexistence. (Evid. Code § 604; Palm Prop. Invs., LLC v. Yadgear (2011) 194 Cal.App.4th 1419, 1428.) The court need not accept a defendant’s self-serving declaration of nonservice. (Am. Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.)

Defendant has not overcome the presumption of the truth of the facts stated in the registered process server’s return. The process server described the characteristics of the unidentified woman on whom the papers had been served. (Proof of Service (5/7/26).) Defendant admits that she was home when service had been attempted and does not dispute that she, or someone else at the residence, matches the description given by the process server. The address given on Defendant’s motion matches the address where service was attempted. Defendant disputes that the process server mailed a copy of the served documents to the address, but presents no admissible evidence based on personal knowledge refuting that the process server deposited the documents to be served in the mail.

JASMINE VANHOOK vs. GENERAL MOTORS LLC; ET AL.