NoticeCal. Super. - 6th Dist.April 1, 202110 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 21 CV381 539 Smebm-GW Tumsm' Electronically Filed Robert F Bennett Jr by SUperior court Of CA’ State Ba£ No . 264é61 ' county 0f santa Clara: POWERS MILLER on 10/1 5/2021 10:02 AM A Professional Corporation Reviewed By: Tunisia Turner 3500 Douglas Blvd, Suite 100 case #21CV381539 Roseville, California 95661 Envelope:7472076Telephone No. (916) 924-7900 Telecopier No. (916) 924-7980 Attorneys for, Raymond Wing Chon Cheh (erroneously served in this action as defendant RAYMOND CHEH) SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA ROSA M. CASTRO, ' Case NO. 21CV381539 Plaintiff, NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS VS. DATE; 1-20-2022 WENNY LU, RAYMOND CHEH, TIME: 9:00am DEPT: 7 Defendants. COMPLAINT FILED: April 1, 2021 TRIAL DATE: None TO PLAINTIFF AND HER COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT 0N January 20, 2022 ,Mat 9:00am am/pm in Department Z of the above-entitled court, located at 191 N. l“ Street, San Jose, California, Raymond Wing Chon Cheh, will‘appear specially and move the court for an order quashing the service of Summons in this action on the grounds that the court lacks of personal jurisdiction over him. The motion will be made on the basis that the Summons & Complaint in this action were 1 'urner NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS served upon the wrong Raymond Cheh and that Raymond Wing Chon Cheh was not involved in the accident pled in plaintiff's Complaint. The motion will be based on this notice, the attached memorandum of points and authorities in support, the declarations of Robert F. Bennett, Jr., of Raymond Wing Chon Cheh, the files and records in this action, and on any further evidence and argument that the Court may receive before or at the hearing. Pursuant to California Rules of Court 3.1308, the court will make a tentative ruling on the merits of this matter by 3:00 p.m., 10 the court day before the hearing. If the Court has not directed oral argument, a party contesting a tentative ruling must give 12 notice of its intention to appear to the other side and the Court 13 no later than 4:00 p.m. on the court day preceding the scheduled 14 hearing. Appearances may be made by telephone (through CourtCall) or in person. The tentative ruling will automatically become the 16 order of the Court on the scheduled hearing date if the Court has 17 not directed oral argument and if the contesting party fails to timely notice an objection to the other side and the Court. 19 Tentative rulings will be posted on the Court's website, 20 www.scscourt.org, where further information may be found. If a 21 party does not have access to the internet, the tentative ruling 22 may be accessed by calling Court Services at (408) 882-2515. 23 Questions about these procedures may be addressed to the specific 24 25 26 27 28 POWERS MILLER A Professional Corporation NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS department where the matter is to be heard. DATED: October 14, 2021 POWERS MILLER Robert F. Bennett, Jr. Attorneys for Defendant Raymond Wing Chon Cheh (erroneously served in this action as defendant RAYMOND CHEH) 10 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 POWERS MILLER A Professional Corporation 3 NOTICE OF NOTION TO QUASH SERVICE OF SUNNONS CASTRO v. LU Santa Clara County Superior Court No. 21CV381539 PROOF OF SERVICE I am a citizen of the United States, employed in the County ofPlacer, State of California. My business address is 3500 Douglas Boulevard, Suite 100, Roseville, California 95661. I am over the age of 18 years and not a party to the above-entitled action. On October 15, 2021, I caused the within NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS, the original of which was produced on recycled paper, to be served as follows: 10 12 XX MAIL - I am readily familiar with Powers Miller's practice forcollection and processing of correspondence for mailing with the United States Postal Services. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day' mail is collected and deposited in a U.S. mailbox at Roseville, California at or before the close of each day' business. (CCP Section 1013a(3).) 13 14 15 16 17 18 19 20 21 22 FACSIMILE - October 15, 2021 at a.m./p.m., by use offacsimile machine telephone number (916) 924-7980, I served atrue copy of the aforementioned document(s) on the parties in said action by transmitting by facsimile machine to the numbers as set forth below. The facsimile machine I used complied with California Rules of Court, Rule 2003(3) and noerror was reported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print atransmission records of the transmission, a copy of which isattached to this Declaration. OVERNIGHT COURIER - By causing a true copy and/or originalthereof to be personally delivered via the following overnight courier service. EMAIL - October 15, 2021, pursuant to the agreement of theparties, by use of email, I served a true copy of the aforementioned document(s) on the parties in said action to the email addresses as listed below. 23 24 25 26 27 Owili K. Eison Banafsheh, Danesh & Javid, PC 9701 Wilshire Blvd, 12'" Floor Beverly Hills, CA 90212 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that thisdeclaration was executed on 0 California. 28
