BRIAN RAMIREZ VS. AIRBNB, INC. ET AL
Case Information
Motion(s)
MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS
Motion Type Tags
Motion to Quash
Parties
- Plaintiff: BRIAN RAMIREZ
- Defendant: AIRBNB, INC.
- Defendant: ANNETA REALTY CORP.
Ruling
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC21590076 - September 30, 2025 Hearing date: September 30, 2025 Case number: CGC21590076 Case title: BRIAN RAMIREZ VS. AIRBNB, INC. ET AL Case Number: | | CGC21590076 | Case Title: | | BRIAN RAMIREZ VS. AIRBNB, INC. ET AL | Court Date: | | 2025-09-30 09:00 AM | Calendar Matter: | | MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS | Rulings: | | On the Law & Motion/Discovery calendar for Tuesday, September 30, 2025, Line 6, 2. DEFENDANT ANNETA REALTY CORP.'S (CONVERTED FROM AND ALSO SUED AS ANNETA REALTY GROUP, LP) MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS.
Specially Appearing Defendant Anneta Realty Corp.'s unopposed Motion to Quash Service of Summons or Stay or Dismiss is DENIED.
Preliminarily, confusion surrounds Moving Defendant and its status in this case. Plaintiff may have dismissed it, in which case the motion is denied as moot. (See Dismissal, entered June 24, 2025.)
By the motion, Moving Defendant contends the court lacks personal jurisdiction over it. Moving Defendant represents it has not generally appeared. The docket shows Moving Defendant has made several general appearances. Any objection to personal jurisdiction has been waived.
Moving Defendant's motion fails under Code of Civil Procedure section 583.210 because Moving Defendant has not made a prima facie showing three years have not yet passed since the action was commenced against Defendant. Defendant's complaint that the proof of service does not identify the proper Doe Defendant is not well taken as a basis at this time to quash, stay or dismiss.
Mootness and waiver aside, Moving Defendant's motion to quash may have merit given substitute service on a corporate agent under Code of Civil Procedure section 415.20 must be directed at the agent's office, not his residence.
Moving Defendant must prepare a proposed order which repeats verbatim the above text and email it to contestdept302tr@sftc.org prior to the time set for hearing.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) |