AARON H BRAUN VS. ST. OLAF COLLEGE ET AL
MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS
Motion type
Parties
Ruling
Matter on calendar for Tuesday, September 08, 2026, Line 9, DEFENDANT ST. OLAF COLLEGE, LEHMAN CROSBY's MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS.
Specially Appearing Defendants St. Olaf College and Lehman Crosby's Motion to Quash Service of Summons or Stay or Dismiss is GRANTED.
Specially Appearing Defendants move under Code of Civil Procedure section 418.10. Subsection (a) of that section provides: "A defendant, on or before the last day of his or his time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of Jurisdiction of the court over him or her."
Specially Appearing Defendants contend the court lacks jurisdiction over them because Plaintiff Aaron H. Braun never properly served them with the complaint and summons.
When a defendant moves to quash service of process, the plaintiff bears the burden of demonstrating facts justifying the exercise of jurisdiction including proper service. (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1440 ["[T]he burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service"].)
On this record, Plaintiff has not established facts justifying the exercise of jurisdiction including proper service. The court quashes service on Specially Appearing Defendants.
Specially Appearing Defendants are ordered to 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.
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). | |
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