Defendant Alejandro Alvarado’s Motion to Quash Service of Summons; Motion to Dismiss
Superior Court of the State of California County of Orange TENTATIVE RULINGS FOR C61 HON. JENNIFER M. MCCARTNEY
Date: 08/12/2026 Courtroom Rules and Notices
The Court will continue to upload tentative rulings as they are completed. Please be sure to keep checking until 8:30 AM on the day of your hearing.
Written responses, oppositions, or filings that are filed later than 12:15 PM the day before the hearing on the motion will go on second call by the Court for the Court to have an opportunity to review any lastminute filings. If a party files a written response, opposition, or any filing after 12:15 PM on the day before the hearing, the party must ensure they are available for the court's afternoon calendar the day of the hearing.
Submitting on tentative rulings: If all counsel intend to submit on the tentative ruling and do not desire oral argument, please advise the Courtroom Clerk or Courtroom Attendant by calling (657) 622-5261 – both counsel need to state they are submitting on the tentative. Please do not call the Department unless all parties submit to the tentative ruling. If all sides submit on the tentative ruling and so advise the Court, the tentative ruling shall become the Court’s final ruling, and the prevailing party shall give notice of the ruling and prepare an order for the Court’s signature if appropriate under Cal. R. Ct. 3.1312.
Non-appearances: If nobody appears for the hearing and the Court has not been notified that all parties submit on the tentative ruling, the Court shall determine whether the matter is taken off calendar or the tentative ruling becomes the final ruling. The Court also might make a different order at the hearing. (Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436, 442, fn. 1.)
# Case Name Tentative 8 UDR Eight80 II LP. The Court has read and considered the Defendant's Demurrer to the vs. Charon Complaint (ROA 15) and the Complaint (ROA 2).
The Court OVERRULES the Demurrer and orders the Defendants to file an Answer within 5 business days.
The Court will note that the Plaintiff attached to the Complaint "Lease Addendum Election to Pay Rent Twice Each Month," which shows that, in order to be in the program, the tenant needs to pay a higher rate of $1432 on the 1st of the month and $1382 on the 15th of the month, which was signed by both tenants on 4/8/25.
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Plaintiff is ordered to provide notice of the Court's ruling. 10 U.S. Bank Trust The Court has read and considered the Defendant, Alejandro Alvarado’s National Association, Motion to Quash Service of Summons Pursuant to CCP § 418.10 (ROA 27). not in its individual Capacity but Solely as The Court takes Judicial Notice of the Prejudgment Claim of Right of Trustee of Plaza RTL Possession (ROA 7), Motion to Dismiss (ROA 8) and Proof of Service by Trust, its assignees Posting (ROA 21).
and/or successors vs. Crea Group Inc. The Proof of Service by Posting (ROA 21) shows that on July 8, 2026 service was provided to all unknown occupants pursuant to California Code of Civil Procedure §415.46 via substitute service of defendant Carlos Calvillo Sr., posting and mailing via first class mail on 7/9/2026.
Defendant Alejandro Alvarado filed a Prejudgment Claim of Right of Possession (ROA 7) on July 13, 2026. Number 12 of the Prejudgment Claim of Right of Possession form states, “I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim to Right of Possession form.”
On the same date, July 13, 2026, Defendant Alvarado filed a Motion to Dismiss (ROA 8). A Motion to Dismiss is an improper responsive pleading filed after being served with a complaint in an unlawful detainer action. Pursuant to California Code of Civil Procedure § 1170(a), the Defendant needs to file a motion to quash service of summons, a motion to strike, a demurrer to the complaint, or an answer.
California Code of Civil Procedure § 1174.25(a)(1) states, “Filing the prejudgment claim of right to possession shall constitute a general appearance.” California Code of Civil Procedure § 410.50(a) states, “A general appearance by a party is equivalent to personal service of summons on such party.”
As such, the Court DENIES Defendant Alvarado’s Motion to Quash Service of Summons. Additionally, the Court STRIKES the Defendant’s Motion to Dismiss as an improper filing under California Code of Civil Procedure § 1170(a). The Court vacates the 9/18/2026 hearing on the Motions to Dismiss.
Alejandro Alvarado is ordered to file a responsive pleading pursuant to California Code of Civil Procedure § 1170(a), excluding a Motion to Quash Service of Summons, within five calendar days.
The Court Clerk is to provide notice of the Court’s ruling.
Date: 08/14/2026 Courtroom Rules and Notices
The Court will continue to upload tentative rulings as they are completed. Please be sure to keep checking until 8:30 AM on the day of your hearing.
Written responses, oppositions, or filings that are filed later than 12:15 PM the day before the hearing on the motion will go on second call by the Court for the Court to have an opportunity to review any lastminute filings. If a party files a written response, opposition, or any filing after 12:15 PM on the day before the hearing, the party must ensure they are available for the court's afternoon calendar the day of the hearing.
Submitting on tentative rulings: If all counsel intend to submit on the tentative ruling and do not desire oral argument, please advise the Courtroom Clerk or Courtroom Attendant by calling (657) 622-5261 – both counsel