Defendant Groppetti Ltd., Inc.'s Motion to Quash
Case No: VCU329280 Date: August 11, 2026 Time: 8:30 A.M. Dept. 2-The Honorable Bret D. Hillman Motion: Defendant Groppetti Ltd., Inc.'s Motion to Quash Tentative Ruling: To grant the motion
Facts In this Song Beverly matter, Plaintiff sues Defendants Nissan North America, Inc. and Groppetti Ltd., Inc., a California Corporation d/b/a Nissan of Visalia.
On December 30, 2025, Plaintiff filed a proof of service purporting substitute service occurred as to Defendant Groppetti Ltd., Inc. via service on Don Groppetti, agent for service of process at 830 South Ben Maddox Way, Visalia, CA 93292.
On July 6, 2026, Defendant Groppetti Ltd., Inc. filed this motion to quash. In support, counsel states that a different entity, Shel-Don, Inc. is the entity doing business as Nissan of Visalia. (Declaration of Broderson P.3.)
Further, Defendant Groppetti Ltd., Inc. requests judicial notice of: 1. Fictitious Business Name registration for Nissan of Visalia, filing number FBN-2026-0103, expiration date 1/19/2031, filed by registrant Shel-Don, Inc; and 2. Fictitious Business Name registration for Nissan of Visalia, filing number 2020-0001896, expiration date: 11/8/2025, filed by registrant Shel-Don, Inc.
Defendant Groppetti Ltd., Inc notes these are recorded documents and official records of the Tulare County Clerk-Recorder and attaches certified copies of the documents. Based on the above, Defendant Groppetti Ltd., Inc seeks to quash service based on a lack of personal jurisdiction and that California Code of Civil Procedure section 412.20(a)(2) mandates that a summons contain the "names of the parties to the action."
No opposition has been filed
Authority and Analysis
Improper service is properly challenged by a motion to quash. (Board of Supervisors v. Superior Court (1994) 23 Cal.App.4th 830, 855, fn. 4; Code Civ. Proa., Sec. 418.10(a)(1).)
Here, Defendant Groppetti Ltd., Inc argues that the Court lacks jurisdiction over it because Plaintiff has connected Defendant Groppetti Ltd., Inc to Nissan of Visalia, where no such affiliation exists and where Shel-Don, Inc. is the corporation doing business as Nissan of Visalia.
"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.'" (
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
As no opposition has been filed, Plaintiff has not met its burden in opposing the motion to quash. Therefore, the Court grants the motion.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.
Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.
Re: Hunt, Norma vs. IN-N-OUT Burgers