Motion to Quash
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA
Department 1 Honorable Eunice Lee, Presiding TBD, Courtroom Clerk 191 North First Street, San Jose, CA 95113
DATE: June 4, 2026 TIME: 9:00 A.M. and 9:01 A.M.
To contest the ruling, call the Court at (408) 808-6856 before 4:00 P.M. Make sure to also let the other side know before 4:00 P.M. that you plan to contest the ruling, in accordance with California Rule of Court, Rule 3.1308(a)(1) and Local Rule 8D.
**Please specify the issue to be contested when calling the Court and counsel**
LAW AND MOTION TENTATIVE RULINGS 2
9:00 A.M. LINE 1 25CV463602 JP Morgan Chase Bank, N.A. vs Jonathan Cu Motion to Quash Before the court is specially appearing defendant Jonathan Cu’s motion to quash service of summons. Pursuant to California Rule of Court 3.1308, the court issues its tentative ruling as follows.
I. BACKGROUND Plaintiff JPMorgan Chase Bank, N.A. (“Bank”) alleges on or about September 30, 2024, defendant Jonathan Cu (“Cu”) failed to make payments in accordance with a Cardmember Agreement as agreed despite Plaintiff Bank’s demand. (Complaint, ¶BC-2). Plaintiff Bank asserts that Defendant Cu’s outstanding balance is $5,388.65. (Complaint, ¶BC-4).
On April 15, 2025, Plaintiff Bank commenced this action by filing a Judicial Council form complaint against Defendant Cu asserting a single cause of action for breach of contract.
On June 9, 2025, the court clerk entered default and default judgment against Defendant Cu pursuant to a request for entry of default filed by Plaintiff Bank.
On September 2, 2025, Defendant Cu filed the motion now before the court, a motion to quash service of summons.
On September 5, 2025, Defendant Cu filed a separate motion to set aside and vacate entry of default judgment with a hearing date set for June 16, 2026.
II. LEGAL STANDARD “Entry of defendant’s default instantaneously cuts off its right to appear in the action. The defendant is ‘out of court.’ It has no right to participate
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SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA
Department 1 Honorable Eunice Lee, Presiding TBD, Courtroom Clerk 191 North First Street, San Jose, CA 95113
DATE: June 4, 2026 TIME: 9:00 A.M. and 9:01 A.M.
To contest the ruling, call the Court at (408) 808-6856 before 4:00 P.M. Make sure to also let the other side know before 4:00 P.M. that you plan to contest the ruling, in accordance with California Rule of Court, Rule 3.1308(a)(1) and Local Rule 8D.
**Please specify the issue to be contested when calling the Court and counsel**
LAW AND MOTION TENTATIVE RULINGS 3
in the proceedings until either (a) its default is set aside (in which event, it may respond to the complaint), or (b) a default judgment is entered (in which event, it may appeal).” (Weil & Brown et al., CAL. PRAC. GUIDE: CIV. PRO. BEFORE TRIAL (The Rutter Group 2025) ¶5:6, p. 5-2 citing Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385 – 386; see also People v. One 1986 Toyota Pickup (1995) 31 Cal.App.4th 254, 259). “Entry of default ousts the court of jurisdiction to consider any motion other than a motion for relief from default.” (Id. at ¶5:7, p. 5-3 citing W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App.2d 67).
III. ANALYSIS As noted above, Plaintiff Bank obtained entry of default and default judgment against Defendant Cu on June 9, 2025. Consequently, the Court lacks jurisdiction to consider Defendant Cu’s motion to quash service of summons.
IV. CONCLUSION Based on the foregoing, Defendant Cu’s motion to quash service of summons is ordered OFF CALENDAR without prejudice.
Court will prepare the formal Order.