YI-CHEN, CHIEN VS. YUEZI, XU

Set for Law and Motion/Discovery Calendar on Thursday, September 18, 2025, Line 17. DEFENDANT YUEZI, XU's MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS.

Defendant Yuezi Xu's unopposed Motion to Quash or Stay or Dismiss is GRANTED. Based on its review of the record, the court finds the weight of the evidence shows Plaintiff did not personally serve the complaint on Defendant Yuezi Xu. (See Hochstein Dec., par. 4; Code of Civil Procedure section 415.10.) Nor did Plaintiff accomplish substitute service (See Code of Civil Procedure section 415.20.) Absent consent, service on counsel is not personal service on the client. The court currently lacks personal jurisdiction over Defendant.

The motion is granted on the independent grounds that the court lacks personal jurisdiction over Defendant because the record is devoid of any evidence that Plaintiff properly served a summons on Defendant. (See Code of Civil Procedure section 413.10 et seq.) Indeed, judging from the register of actions, a summons has not even issued. Service on Defendant Yuezi Xu and Plaintiff's Proof of Service-Civil, filed June 24, 2025, is of no effect.

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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.

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