MERIWEST CREDIT UNION VS. FATUMAFUTI SWERLING ET AL

Matter on the Law & Motion/Discovery Calendar for Wednesday, September 10, 2025, line 7 DEFENDANT LAIA TUNU MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS

Specially appearing defendant Laia Tunu's motion to quash service of summons is granted. "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 [internal quotation marks, citation, and footnote omitted].)

Tunu presents evidence that the summons was not left in the presence of a member of her household at least 18 years of age. (Tunu Dec. on Motion to Set Aside, para. 2.) Plaintiff Meriwest Credit Union does not present evidence that service was effected in compliance with the Code of Civil Procedure, sec. 415.20, subdivision (b), and does not oppose the motion.

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