Motion for Leave to File First Amended Complaint
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. Case No. CU24-06353
Motion for Leave to File First Amended Complaint
Plaintiff’s unopposed motion for leave to file the proposed first amended complaint is granted. The proposed first amended complaint shall be filed and served within five court days of the hearing. Once the first amended complaint is filed, Defendant’s motion for summary judgment shall be taken off calendar as moot.
GOLDEN BANK, NATIONAL ASSOCIATION vs. JIN-VANI HOSPITALITY; ET AL. CASE No. CU25-03126
Motion to be Relieved as Counsel
TENTATIVE RULING
The unopposed motion by Defense Counsel for Defendant JIN-VANI HOSPITALITY, LLC, is granted.
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