FELICITO H. DESUASIDO, ET AL. VS. GENEVIEVE GALVEZ DESUASIDO

August 4, 2026 Law and Motion Calendar PAGE 19 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________

2:00 PM LINE 11 25-CIV-06521 FELICITO H. DESUASIDO, ET AL. VS. GENEVIEVE GALVEZ DESUASIDO

FELICITO H. DESUASIDO MICHELLE L. ZACCONE GENEVIEVE GALVEZ DESUASIDO ANDREW C. MCCLELLAND

MOTION TO QUASH APRIL 2026 SERVICE OF SUMMONS

TENTATIVE RULING:

The motion to quash is DENIED. The evidence in opposition to the motion indicates that the service address is cross-defendant’s usual place of business within the meaning of Code of Civil Procedure section 415.20 because it is his business enterprise. Due to the parties having the same last names, the court uses first names to refer to the parties and means no disrespect.

The proof of service states that Alexander Desuasido (referred to as Alvin) was served by substitute service on April 9, 2026, at his usual place of business located at 4802 Olympic Avenue in San Mateo. The documents were left with Kevin Lee, the individual in charge. The proof of service is signed by registered process server, Jeffrey Pink. As a result, there is a presumption, affecting the burden of producing evidence, of the facts stated. (Evid. Code, §647.)

Alvin’s declaration states that Tech Rocks is not his usual place of business, that he does not maintain a regular office presence there, and that he does not regularly work there. However, Genevieve has provided evidence to show that Tech Rocks constitutes Alvin’s usual place of business for purposes of substitute service. Alvin does nothing to rebut this specific evidence and the court accepts the specific facts in Genevieve’s declaration over Alvin’s conclusory declaration.

The Judicial Council Comment to Code of Civil Procedure section 415.20, subdivision (b) indicates that “usual place of business” includes a defendant’s customary place of employment as well as his own business enterprise. The declaration of Steven Davidson indicates that Alvin is identified as the owner of Tech Rocks, LLC on a Statement of Information filed on October 12, 2020. A copy of the Statement of Information is attached to his declaration as Ex. D. The declaration further states that Alvin’s LinkedIn profile identifies him as CEO of Tech Rocks, (see Ex. F), the business website identifies him as an instructor (see Ex. G), and, an interview uploaded to YouTube as part a Local Business Spotlight, he is introduced as the owner of Tech Rocks (see Ex. I.)

Alvin has ten (10) days from service of written notice of entry of order to respond. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 472b.)

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, counsel for Genevieve shall prepare a written order consistent with the court’s ruling for the court’s

August 4, 2026 Law and Motion Calendar PAGE 20 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________ signature, pursuant to California Rules of Court, rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.