Melinda Hersh v. San Luis Obispo County Animal Services
Motion to Quash Service
Motion type
Parties
Ruling
Melinda Hersh v. San Luis Obispo County Animal Services, 26CV-0217
Hearing: Motion to Quash Service
Date: June 4, 2026
On April 1, 2026, Melinda Hersh filed a Petition for Writ of Administrative Mandamus seeking judicial review of actions taken by San Luis Obispo County Animal Services, which seized approximately 170 animals from Hersh. Currently on calendar is the County’s motion to quash service pursuant to Code of Civil Procedure section 418.10.
No opposition has been filed. However, notice of the motion is deficient. The motion was electronically served on Hersh who is self-represented. Electronic service on a self-represented litigant is prohibited under California Rules of Court, rule 2.251(b)(3)(B), unless the selfrepresented party has “affirmatively consent[ed] to electronic service.” The motion will be continued accordingly.
In addition to the service issue, it may be that the motion is now moot. Hersh filed a Proof of Personal Service two days after the County filed the motion to quash. The Proof of Personal Service shows a third party personally served the documents on Brent Vanderhoof at the County’s offices on May 13, 2026.
ORDER (PROPOSED)
The County should appear to discuss whether the motion is moot or whether the motion should be continued for proper service.
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