BRYANT FU VS. SHUZHEN TU ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC22599369 - August 5, 2025 Hearing date: August 5, 2025 Case number: CGC22599369 Case title: BRYANT FU VS. SHUZHEN TU ET AL Case Number: | | CGC22599369 | Case Title: | | BRYANT FU VS. SHUZHEN TU ET AL | Court Date: | | 2025-08-05 09:00 AM | Calendar Matter: | | MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS | Rulings: | | Matter on Calendar for Tuesday, August 5, 2025, Line 4, 1. DEFENDANT LEGAL RECOVERY, LLC'S MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS.

Specially appearing defendant Legal Recovery LLC moves to quash plaintiff Bryant Fu's service of summons and moves for dismissal pursuant to CCP 583.250 (prescribing dismissal if service is not made within three years). The motion is denied.

"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." (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413 [simplified].)

Here, Fu has filed a proof of service showing service on Legal Recovery LLC's agent for service of process, Demas Yan (aka Dennis Yan). The court takes judicial notice of the Secretary of State's online record of Legal Recovery's agent as Demas Yan. Fu also provides a declaration from himself and his father, Tony Fu, further attesting to service. Yan provides a declaration stating that no service occurred. But the proof of service is proper on its face, complies with statutory requirements for service, and is supported by declarations carrying Fu's burden.

Moreover, Legal Recovery has actual notice of this lawsuit. (Cf. Ramos v. Homeward Residential, Inc. (2014) 223 Cal.App.4th 1434, 1443 ["As stated in the Nov. 25, 1968, Report of the Judicial Council's Special Committee on Jurisdiction, pp. 14-15: 'The provisions of this chapter should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant, and in the last analysis the question of service should be resolved by considering each situation from a practical standpoint. ...' "].)

Because the court finds the March 10, 2025 proof of service sufficient to afford personal jurisdiction over Legal Recovery, it does not address Legal Recovery's request for dismissal under the three-year service statute.

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