Proof of Service Mail

Cal. Super. - 6th Dist.April 1, 2021

Robert F. Bennett, Jr. State Bar No. 264561 POWERS MILLER A Professional Corporation 3500 Douglas Blvd, Suite 100 Roseville, California 95661 Telephone No. (916) 924 -7900 Telecopier No. (916) 924-7980 Attorneys for, Raymond Wing Chon Cheh (erroneously served in this action as defendant RAYMOND CHEH) 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 12 ROSA M. CASTRO, Case No. 21CV381539 14 15 Plaintiff, vs . PROOF OF SERVICE OF MOV1NG PAPERS 16 17 18 WENNY LU, RAYMOND CHEH, Defendants. 19 20 21 22 Pursuant to the attached original proof of service, defendant served on plaintiff his NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF RAYMOND WING CHON CHEH, 24 25 26 27 28 IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF ROBERT F. BENNETT, JR., IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT; (PROPOSED) ORDER GRANTING MOTION TO QUASH SERVICE OF SUMMONS on October 15, 2021. ///// ///// PROOF OF SERVICE OF MOVING PAPERS Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/3/2021 3:02 PM Reviewed By: J. Ngo Case #21CV381539 Envelope: 7597048 21CV381539 Santa Clara - Civil J. Ngo Dated: November 3, 2021 POWERS MILLER 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 25 26 27 28 POWERS MILLER A Professional Corporation PROOF OF SERVICE OF MOVING PAPERS 21CV381539 Santa Ciara - Civil Tunisia amer 1 Robert F. Bennett, Jr. State Bar No. 264561 2 POWERS MILLER A Professional Corporation 3 3500 Douglas Blvd, Suite 100 Roseville, California 95661 4 Telephone No. (916) 924-7900 Telecopier No. (916) 924-7980 5 Attorneys for, 6 Raymond Wing Chon Cheh (erroneously served in this 7 action as defendant RAYMOND CHEH) Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/15/2021 10:02 AM Reviewed By: Tunisia Turner Case//21CV361539 Envelope: 7472076 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 12 ROSA M . CASTRO, 13 Case No. 21CV381539 14 15 16 17 18 Plaintiff, vs. WENNY LU, RAYMOND CHEH, Defendants.. NOTICE OF MOTION TO QUASH SERVICE OF SUMYiONS DATE: January 20, 2022 TIME: 9:00 a.m. DEPT: 7 COMPLAINT FILED: April 1, 2021 TRIAL DATE: None 19 20 21 TO PLAINTIFF AND HER COUNSEL OF RECORD. 22 PLEASE TAKE NOTICE THAT ON 2021 at 23 am/pm in Department of the above-entitled court, located at 24 191 N. 1" Street, San Jose, California, Raymond Wing Chon Cheh, 25 Will appear speci ally and move the court for an order quashing the 26 service of Summons in this action on the grounds that the court 27 lacks of personal jurisdiction over him. The motion will be made 28 on the basis that the Summons 5 Complaint in this action were NOTICE OF NOTION 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 nossnsrs sslLLKR A Profsssionsl ornorstion NOTICE OF NOTION TO QUASH SERVICE OF SUNNONS 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 22 23 24 25 26 27 28 OOSIERS MILLER A Iaokaaloaal Coaaooabo NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS I CASTRO v. LU Santa Clara County Superior Court No. 21CV381539 2 PROOF OF SERVICE I am a citizen of the United States, employed in the County of 4 Placer, State of California. My business address is 3500 DouglasBoulevard, Suite 100, Roseville, California 95661. I am over the 5 age of 18 years and not a party to the above-entitled action. 6 On October 15, 2021, I caused the within NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS, the original of which was produced on 7 recycled paper, to be served as follows: 10 8 XX MAIL - I am readily familiar with Powers Miller's practice forcollection and processing of correspondence for mailing with 9 the United States Postal Services. Pursuant to said practice, each document is placed in an envelope, the envelope issealed, the appropriate postage is placed thereon and thesealed envelope is placed in the office mail receptacle. Eachday' mail is collected and deposited in a U.S. mailbox atRoseville, California at or before the close of each day' 12 business. (CCP Section 1013a(3).) 13 14 15 16 17 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 insaid 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. 18 OVERNIGHT COURIER - By causing a true copy and/or original 19 thereof to be personally delivered via the following overnightcourier service. 20 21 22 EMAIL - October 15, 2021, pursuant to the agreement of theparties, by use of email, I served a true copy of theaforementioned document(s) on the parties in said action tothe email addresses as listed below. rue and correct, and that this 5, 2021 at Roseville, rf ER MATTHEWS gdeclaration was executed on OcPob)r 1 27 California. 28 ATH 23 Owili K. Eison Banafsheh, Danesh & Javid, PC 24 9701 Wilshire Blvd, 12'" Floor Beverly Hills, CA 90212 25 1 declare unde~ penalty of perjury under the laws of the State 26 of California that the fore oin is t 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 of Placer, 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 November 3, 2021, I caused the within NOTICE OF MOTION TO QUASH SERVZE 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 for collection 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 FACSIMILE - November 3, 2021 at a.m./p.m., by use of facsimile machine telephone number (916) 924-7980, I served a true 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 no error was reported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print a transmission records of the transmission, a copy of which is attached to this Declaration. 20 21 22 OVERNIGHT COURIER - By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service. EMAIL - November 3, 2021, pursuant to the agreement of the parties, 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 28 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 this declaration was executed on Nov , /'2 21 Roseville, California. M. S T 21CV381539 Santa Clara - Civil Tunisia urner 1 Robert F. Bennett, Jr. State Bar No. 264561 2 POWERS MILLER A Professional Corporation 3 3500 Douglas Blvd, Suite 100 Roseville, California 95661 4 Telephone No. (916) 924-7900 Telecopier No. (916) 924-7980 5 Attorneys for, 6 Raymond Wing Chon Cheh (erroneously served in this 7 action as defendant RAYMOND CHEH) Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/15/2021 10:02 AM Reviewed By: Tunisia Turner Case ¹21CV381539 Envelope: 7472076 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 17 18 Defendants. 19 12 ROSA M. CASTRO, 13 Plaintiff, 14 vs. 15 WENNY LUr RAYMOND CHEH, 16 Case No. 21CV381539 DECLARATION OF RAYMOND WING CHON CHEH, IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS DATE: January 20, 2022 TIME: 9:00 a.m. DEPT: 7 COMPLAINT FILED: April 1, 2021 TRIAL DATE: None 20 21 I, Raymond Ning Chon Cheh, hereby declare as follows: 22 1. My full name is Raymond Ning Chon Cheh. I currently 23 reside at 565 Pine Avenue in Sunnyvale. I have resided at this 24 location since 2005. On approximately August 31, 2021, I was 25 served with a Summons and Complaint in this action. I submit this 26 declaration in support the motion to quash service of the Summons 27 upon me. Attached as Exhibit A is a true and correct copy of my 28 driver's license. DECLARATION OF RAYMOND WING CHON CHEN, IN SUPPORT OF NOTION To QUASH SERVICE OF SUHHONS 2. Based upon information and belief, the subject accident is alleged to have occurred on April 1, 2019, on U.S. Highway 101 in Gilroy. I was not involved in any caz collision or accident, to the best of my recollection, on April 1, 2019. To the best of my recollection, I was not in Gilroy on April 1, 2019. I do not know who ROSA M. CASTRO is. I also do not know who defendarit WENNY LU iS ~ 3. In my attempt to confirm my whereabouts on April 1, 2019, I have pulled statements from two credit cards to confirm financial 10 transactions on that date. My credit card statements confirm that on April 1, 2019, I completed purchases in Milpitas and Santa 12 Clara. There are no transactions in the vicinity of Gilroy as 13 alleged in plaintiff's Complaint. Attached as Exhibits 8 are 14 15 redacted copies of my credit card statements confirming these transactions. 16 4. In April, 2019, I was employed by Volta Network, as a 17 principle engineer. I worked out of my home in Sunnyvale. I was able to secure emails confirming work I completed on Apzil 1, 2019. 19 Attached as Exhibit C are some of my work emails from April 1, 20 2019. Based upon my best recollection, I had a morning conference 21 22 call with my co-workers at my home office in Sunnyvale. After lunch in the afternoon, I worked from home. I was able to recover 23 emails I sent from 2:20 pm and 3:28 pm on April 1, 2019. These 24 emails would have been drafted from my home office in Sunnyvale. 25 I declare under penalty of perjury under the laws of the State 26 of California that the foregoing is true and correct. 28 POWERS MICl.ER A Pfostoloool Cotpotohoo DECLARATION OF RAYMOND WING CHON CHEH, IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS 1 Executed this 2 California. GC~( OBLli )~PM, 2021, at Sunnyvale, .} Vw.l... Raymond Nihg Chon Cheh 7 12 13 14 15 16 17 19 20 21 22 23 24 25 28 POWERS MILIER A PooeooEoal Corpmokm DECLARATION OF RAYMOND WING CHOW CHEH, IN SUPPORT OF MOTION To QUASH SERVICE OF SUMMONS 1 CASTRO V. LU Santa Clara County Superior Court No. 21CV381539 2 PROOF OF SERVICE 3 I am a citizen of the United States, employed in the County of 4 Placer, State of California. My business address is 3500 Douglas Boulevard, Suite 100, Roseville, California 95661. I am over the 5 age of 18 years and not a party to the above-entitled action. 6 On October 15, 2021, I caused the within DECLARATION OF RAYMOND W1NG CHON CHEH, ZN SUPPORT OF MOTION TO QUASH SERVICE OP 7 SUMMONS AND COMPLAINT, the original of which was prociuced onrecycled paper, to be served as follows: 8 XX MAIL - I am readily familiar with Powers Miller's practice for 9 collection and processing of correspondence for mailing withthe United States Postal Services. Pursuant to said practice, 10 each document is placed in an envelope, the envelope issealed, the appropriate postage is placed thereon and thesealed envelope is placed in the office mail receptacle. Eachday's mail is collected and deposited in a U.S. mailbox at 12 Roseville, California at or before the close of each day'business. (CCP Section 1013a(3).) 13 14 17 18 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 insaid 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. 19 OVERNIGHT COURIER - By causing a true copy and/or originalthereof to be personally delivered via the following overnight 20 courier service. 21 EMAIL - October 15, 2021, pursuant to the agreement of theparties, by use of email, I served a true copy of the 22 aforementioned document(s) on the parties in said action tothe email addresses as listed below. 23 Owili K. Eison 24 Bans.fsheh, Danesh & 0'avid, PC 9701 Wilshire Blvd, 12'" Floor 25 Beverly Hills, CA 90212 27 d 1 t' d D t)tCalifornia. 28 --+ H er 15, 2021, at Roseville EATHER MATTHEW 26 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this 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 of Placer, 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 November 3, 2021, I caused the within DECLARATION OF RAYMOND WING CHON CHEH, IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT, the original of which was produced on recycled paper, to be served as follows: 10 12 13 14 16 17 18 XX MAIL - I am readily familiar with Powers Miller's practice for collection 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's 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).) FACSIMILE - November 3, 2021 at a.m./p.m., by use of facsimile machine telephone number (916) 924-7980, I served a true 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 no error was reported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print a transmission records of the transmission, a copy of which is attached to this Declaration. 20 OVERNIGHT COURIER - By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service. 21 22 23 24 25 EMAIL - November 3, 2021, pursuant to the agreement of the parties, 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. Owili K. Eison Banafsheh, Danesh & Javid, PC 9701 Wilshire Blvd, 12'" Floor Beverly Hills, CA 90212 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on Novembe , 282 at Rq eville, 21CV381539 Santa Clara - Civil Tunisia 'mer 1 Robert F. Bennett, Jr. State Bar No. 264561 2 POWERS MILLER A Professional Corporation 3 3500 Douglas Blvd, Suite 100 Roseville, California 95661 4 Telephone No. (916) 924-7900 Telecopier No. (916) 924-7980 5 Attorneys for, 6 Raymond Wing Chon Cheh (erroneously served in this 7 action as defendant RAYMOND CHEH) Electronically Filed by Superior Court of CA. County of Santa Clara, on 10/15/2021 10:02 AM Reviewed By: Tunisia Turner Case @21CV361539 Envelope: 7472076 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 17 Defendants. 18 19 20 12 ROSA M. CASTRO, 13 Plaintiff, 14 vs. 15 WENNY LU, RAYMOND CHEH, 16 Case No. 21CV381539 DECLARATION OF ROBERT F. BENNETT, JR., IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS A14D COMPLAINT DATE. January 20, 2022 TIME: 9:00 a.m. DEPT: 7 COMPLAINT FILED: April 1, 2021 TRIAL DATE: None I 21 I, ROBERT F. BENNETT, JR., declare: 22 1. I am an attorney at law, duly licensed to practice before 23 all courts of the State of California. I am a Partner of Powers 24 Miller, counsel specially appearing on behalf of Raymond Wing Chon 25 Cheh, a non-party to this action erroneously served with the 26 Summons and Complaint. I have personal knowledge of each fact 27 stated in this declaration. This declaration is given in support 28 of Raymond Wing Chon Cheh' motion to quash service of summons. DECLARATION OF ROBERT F. BENNETT, JR., IN SUPPORT OF MOTION TO QUASH SERVICE OF SUNNONS AND COMPLAINT 2. Plaintiff's Complaint centers upon damages resulting from a car accident in Gilroy on April 1, 2019. Attached as Exhibit A is a true a correct copy of the plaintiff's Summons and Complaint in this action. In the Complaint, plaintiff alleges defendant RAYMOND CHEH was operating a vehicle owned by defendant WENNY LU. Plaintiff alleges defendant RAYMOND CHEH negligently operated his vehicle causing a collision with the vehicle operated by plaintiff. Upon information and belief, there is no police report for this accident. 10 3. On August 31, 2021, Raymond Ning Chon Cheh was served 12 with the Summons and Complaint. Attached as Exhibit B is a true a correct copy of the proof of service of the Summons and Complaint. 13 14 Following defense counsel's retention, I conferred with the plaintiff to gain information connecting Raymond Wing Chon Cheh to the subject accident. To date, no information connecting Raymond 16 Ning Chon Cheh to the accident has ever been provided. Plaintiff 17 previously extended the deadline for the responsive pleading based 18 19 on the purported service through October 15, 2021. Attached as Exhibit C is all correspondence meeting and conferring with plaintiff on the issue of the defective service and the extension 21 '22 to file the responsive pleading. Plaintiff has declined to agree to waive the prior service upon Raymond Wing Chon Cheh. 23 Executed this 15'" day of October, 2021, at Roseville, 24 California. 25 26 27 ROBERT F. BENNETT, JR. 28 POWERS MILLER A EmfaaaIooal Oalaaaao DECLARATION OF ROBERT F. BENNETT, JR., IN SUPPORT OF MOTION To QUASH SERVICE OF SUMMONS AND COMPLAINT CASTRO v. LU Santa Clara County Superior Court No. 21CV381539 PROOF OF SERVICE 10 12 13 14 15 16 17 18 I am a citizen of the United States, employed in the County ofPlacer, State of California. My business address is 3500 DouglasBoulevard, 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 DECLARATION OF ROBERT F. BENNETT, JR., ZN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT, the original of which was produced on recycled paper, to be served as follows: XX MAIL - I am readily familiar with Powers Miller's practice forcollection and processing of correspondence for mailing withthe United States Postal Services. Pursuant to said practice, each document is placed in an envelope, the envelope issealed, the appropriate postage is placed thereon and thesealed envelope is placed in the office mail receptacle. Eachday' mail is collected and deposited in a U.S. mailbox atRoseville, California at or before the close of each day'business. (CCP Section 1013a(3) .) FACSIMILE - October 15, 2021 at a.m./p.m., by use offacsimile machine telephone number (916) 924-7980, I served atrue copy of the a.forementioned document(s) on the parties insaid 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. 19 20 OVERNIGHT COURIER - By causing a true copy and/or originalthereof to be personally delivered via the following overnightcourier service. 21 22 23 24 25 EMAIL - October 15, 2021, pursuant to the agreement of theparties, by use of email, I served a true copy of the a.forementioned document(s) on the parties in said action tothe erne.il addresses as listed below. Owili K. Bison Banafsheh, Danesh 8 david, PC 9701 Wilshire Blvd, 12~ Floor Beverly Hills, CA 90212 26 27 28 declaration was executed on Oc California. r 15, 202 at i/seville, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this 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 of Placer, 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 November 3, 2021, I caused the within DECLARATION OF ROBERT F. BENNETT, JR., IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT, the original of which was produced on recycled paper, to be served as follows: 10 12 13 14 15 16 17 18 XX MAIL - I am readily familiar with Powers Miller's practice for collection 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's 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).) FACSIMILE - November 3, 2021 at a.m./p.m., by use of facsimile machine telephone number (916) 924-7980, I served a true 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 no error was reported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print a transmission records of the transmission, a copy of which is attached to this Declaration. 19 20 OVERNIGHT COURIER - By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service. 21 22 23 24 25 EMAIL - November 3, 2021, pursuant to the agreement of the parties, 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. Owili K. Eison Banafsheh, Danesh s. Javid, PC 9701 Wilshire Blvd, 12'" Floor Beverly Hills, CA 90212 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on Novembe 3, 2 21, a osevjlle, California. /zi uf C EL N. ST 21CV381539 Santa Clara - Civil Tunisia amer 1 Robert F. Bennett, Jr. State Bar No. 264561 2 POttERS MILLER A Professional Corporation 3 3500 Douglas Blvd, Suite 100 Roseville, California 95661 4 Telephone No. (916) 924-7900 Telecopier No. (916) 924-7980 5 Attorneys for, 6 Raymond Wing Chon Cheh (erroneously served in this 7 action as defendant RAYMOND CHEH) Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/15/2021 10:02 AM Reviewed By: Tunisia Turner Case ¹21CV381539 Envelope: 7472076 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 12 ROSA M. CASTRO, 13 Plaintiff, 14 vs. 15 WENNY LU, RAYMOND CHEH, 16 Case No. 21CV381539 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS 17 18 19 Defendants. DATE: January 20, 2022 TIME: 9:00 a.m. DEPT: 7 COMPLAINT FILED: April 1, 2021 TRIAI DATE: None 21 22 INTRODUCTION 23 Non-party to this case, Raymond Wing Chon Cheh, files this 24 motion to contest service of the Summons and Complaint upon him. 25 Raymond Wing Chon Cheh was not involved in the accident pled in the 26 Complaint to this action and therefore seeks an order quashing the 27 service of the Summons in this case. To date plaintiff, through 28 her attorney, has yet to provide any documentary evidence MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS 1 connecting Raymond Wing Chon Cheh to the accident which is the 2 subject of plaintiff's Complaint. FACTS Plaintiff's Complaint centers upon damages resulting from a 6 car accident in Gilroy on April 1, 2019. (See Declaration of 7 Robert F. Bennett, Jr, hereinafter "Bennett Decl."; 3( 2) In the 8 Complaint, plaintiff alleges defendant RAYMOND CHEH was operating 9 a vehicle owned by defendant WENNY LU. (Bennett Decl. '12) Plaintiff 10 alleges defendant RAYMOND CHEH negligently operated his vehicle ll causing a collision with the vehicle operated by plaintiff. 12 (Bennett Decl. %2) Upon information and belief, there is no police 13 report for this accident. (Bennett Decl. %2) 14 Raymond Wing Chon Cheh has been a resident of Sunnyvale since 15 2005. (See declaration of Raymond Wing Chon Cheh, hereinafter 16 "Cheh Decl." i(1) Raymond Wing Chon Cheh was not involved in a car 17 accident on April 1, 2019. (Cheh Decl. r((2) Raymond Wing Chon Cheh 18 was not nor travel through Gilroy on April 1, 2019. (Cheh Decl. 19 '%2) Raymond Wing Chon Cheh does not know defendant WENNY LU or 20 plaintiff ROSA CASTRO. (Cheh Decl. %2} 21 On April 1, 2019, Raymond Wing Chon Cheh was employed by Volta 22 Network, as a principle engineer and worked out of his home in 23 Sunnyvale. (Cheh Decl. %4) On April 1, 2019, Raymond Wing Chon 24 Cheh sent several emails from his home office. (Cheh Decl. %4) On 25 April 1, 2019, Raymond Wing Chon Cheh was in Sunnyvale, Santa Clara 26 and Milpitas. (Cheh Decl. '%3) 27 On August 31, 2021, Raymond Wing Chon Cheh was served with the 28 Summons and Complaint.. (Bennett Decl. 8(3) Following defense POWERS MJLLRR A Profeeeionel Corponfron MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS 1 counsel' retention, defendant conferred with the plaintiff to gain 2 information connecting Raymond Wing Chon Cheh to the subject 3 accident. (Bennett Decl. %3) To date, no information connecting 4 Raymond Wing Chon Cheh to the accident has ever been provided. 5 (Bennett Decl. %3) Plaintiff previously extended the deadline foz 6 the responsive pleading based on the purported service through 7 October 15, 2021. (Bennett Decl. %3) Plaintiff has declined to 8 agree to waive the prior service upon Raymond Wing Chon 9 Cheh.(Bennett Decl. %3) As a result, this motion has become 10 necessary. 12 LAW AND ARGUMENT 13 Code of Civil Procedure section 418.10 states that: 14 15 16 17 (a) A defendant, on or before the last day of his or hertime to plead or within any further time that the court may for good cause allow, may serve and file a notice ofmotion for one or more of the following purposes: (1) To quash service of summons on the ground oflack of jurisdiction of the court over him or hez. Service of a summons upon a person or entity not named as a 19 party to an action is not valid. Fuss v. City cf Los Angeles, 162 20 Cal.App.2d 643 (1958); Cal. Code Civ. Pzo. 5 418.10(a)(1), Cal. 21 Code Civ. Pro. 5 474. The Court has no jurisdiction over an 22 improperly served party that does not voluntarily appear. A 23 judgment entered without jurisdiction over the party subject to 24 judgment is void. (Sternbeck v. Buck (1957) 148 Cal.App.2d 829, 25 834) 26 Once the motion to quash is filed, Plaintiff has the burden to 27 prove that service was legally sufficient. In the interim, the 28 Defendant is under no legal obligation to respond to the defective POWERS MILLER A Plofooomool ColpoooOoo 3 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS Summons until the Plaintiff demonstrates validity of service by 2 evidence. (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 3 991) A. Raymond Wing Chon Cheh of Sunnyvale was not involved inthe subject accident and therefore an order quashingservice of the Summons is proper. 6 As established by the declaration of Raymond Wing Chon Cheh, 7 he was not involved in the accident alleged in the Complaint. 8 Based upon his own records, he was in Sunnyvale for most of the day 9 except for a portion where he traveled to Santa Clara and Milpitas. 10 Raymond Wing Chon Cheh does not know the defendant WENNY LU or 11 plaintiff ROSA CASTRO. Raymond Wing Chon Cheh has declared under 12 penalty of perjury that he was not involved in the subject 13 accident, and that he was not in or traveling through Gilroy on 14 April 1, 2019. 15 IV. CONCLUSION 17 Raymond Wing Chon Cheh of Sunnyvale is not the named defendant 18 in this action, RAYMOND CHEH. He was not involved in the accident 19 which is the subject of plaintiff's Complaint. As a result, an 20 order quashing service of the Summons upon Raymond Wing Chon Cheh 21 is proper. 22 DATED: October 15, 2021 23 POWERS MILLER 24 26 27 Robert F. Bennett, Jr. Attorneys for Defendant Raymond Wing Chon Cheh (erroneously served in this action as defendant RAYMOND CHEI-I) 28 HEMORANDUH OF POINTS AND AUTHORITIES IN SUPPORT OF NOTION I'0 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 DouglasBoulevard, Suite 100, Roseville, California 95661. I am over theage of 18 years and not a party to the above-entitled action. On October 15, 2021, I caused the within MEMORANDUM OF POINTS AND AUTHORITIES ZN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS,the original of which was produced on recycled paper, to be servedas follows: 10 12 13 14 15 16 17 XX MAIL - I am readily familiar with Powers Miller's practice forcollection and processing of correspondence for mailing withthe United States Postal Services. Pursuant to said practice,each document is placed in an envelope, the envelope issealed, the appropriate postage is placed thereon and thesealed envelope is placed in the office mail receptacle. Eachday's mail is collected and deposited in a U.S. mailbox atRoseville, California at or before the close of each day'business. (CCP Section 1013a{3).) 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 insaid action by transmitting by facsimile machine to thenumbers as set forth below. The facsimile machine I usedcomplied with California Rules of Court, Rule 2003(3) and noerror was reported by the machine. Pursuant to CaliforniaRules of Court, Rule 2008(e), I caused the machine to print atransmission records of the transmission, a copy of which isattached to this Declaration. 19 20 OVERNIGHT COURIER - By causing a true copy and/or originalthereof to be personally delivered via the following overnightcourier service. 21 22 23 24 25 EMAIL - October 15, 2021, pursuant to the agreement of theparties, by use of email, I served a true copy of theaforementioned document(s) on the parties in said action tothe email addresses as listed below. Owili K. Bison Banafsheh, Danesh 8 Javid, PC 9701 Wilshire Blvd, 12'" Floor Beverly Hills, CA 90212 27 28 er 15, 2021, at Roseville, ~r'e~dddli&= EATHER MATTHEWS declaration was executed on Oc~bCalifornia. H I declare under penalty of perjury under the laws of the Stateof California that the foregoing is true and correct, and that this 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 of Placer, 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 November 3, 2021, I caused the within MEMORANDUM OF POINTS AND AUTHORITIES 1N SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS, the original of which was produced on recycled paper, to be served as follows: 10 12 13 16 17 18 XX MAIL - I am readily familiar with Powers Miller's practice for collection 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's 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) .) FACSIMILE - November 3, 2021 at a.m./p.m., by use of facsimile machine telephone number {916) 924-7980, I served a true 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 no error was reported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print a transmission records of the transmission, a copy of which is attached to this Declaration. 19 20 OVERNIGHT COURIER - By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service. 21 22 23 24 25 EMAIL - November 3, 2021, pursuant to the agreement of the parties, 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. Owili K. Eison Banafsheh, Danesh s Javid, PC 9701 Wilshire Blvd, 12'" Floor Beverly Hills, CA 90212 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on Novemb at seville, California. Robert. F. Bennett, Jr. State Bar No. 264561 POWERS MILLER A Professional Corporation 3500 Douglas Blvd, Suite 100 Roseville, California 95661 Telephone No. (916) 924-7900 Telecopier No. (916) 924-7980 Attorneys for, Raymond Wing Chon Cheh (erroneously served in this action as defendant RAYMOND CHEH) 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 12 13 14 15 16 17 18 ROSA M. CASTRO, Plaintiff, vs. WENNY LU, RAYMOND CHEH, Defendants. Case No. 21CV381539 [PROPOSED] ORDER GRANTING MOTION TO QUASH SERVICE OF SUMMONS DATF January 20, 2022 TIME: 9:00 a.m. DEPT: 7 COMPLAINT FILED: April 1, 2021 TRIAL DATE: None 19 20 21 22 23 24 25 To The motion of Raymond Wing Chon Cheh, the service of the summons upon him, the reviewed the papers filed in support of the the parties oral arguments, and good causing finds and orders: for an order quashing court, after having motion, listening to appearing therefore, 26 27 28 [PROPOSED) ORDER GRANTING MOTION TO QUASH SERVICE OF SUMMONS 1 1. The motion of specially appearing Raymond Wing Chon Cheh to quash service of the Summons upon him on August 31, 2021, is hereby GRANTED. 4 IT IS SO ORDERED. 6 Dated: JUDGE OF THE SUPERIOR COURT 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 POIPERS MILLER A Plofoooloool Coopomboo 2 1PROPOSED1 ORDER GRANTING MOTION TO QUASH SERVICE OF SUMMONS 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 DouglasBoulevard, Suite 100, Roseville, California 95661. I am over the age of 18 years and not a party to the above-entitled action. 10 12 On October 15, 2021, I caused the within [pROposED3 QRDER GRANTING MOTION TO QUASH SERVICE OF SUMMONS, the original of which was produced on recycled paper, to be served as follows: XX MAIL - I am readily familiar with Powers Miller's practice forcollection and processing of correspondence for mailing withthe United States Postal Services. Pursuant to said practice,each document is placed in an envelope, the envelope issealed, the appropriate postage is placed thereon and thesealed envelope is placed in the office mail receptacle. Eachday's mail is collected and deposited in a U.S. mailbox atRoseville, California at or before the close of each day'business. (CCP Section 1013a(3) .) 13 14 15 17 18 19 20 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 insaid 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 overnightcourier service. EMAIL - October 15, 2021, pursuant to the agreement of theparties, by use of email, I served a true copy of theaforementioned document(s) on the parties in said action tothe email addresses as listed below. 23 24 25 26 27 28 Owili K. Eison Banafsheh, Danesh s Javid, PC 9701 Wilshire Blvd, 12'" Floor Beverly Hills, CA 90212 I declare under penalty of perjury under the laws of the Stateof California that the foregoing is tr e and correct, and that thisdeclaration was executed on Oct e 15, 2021, at Roseville, 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 of Placer, 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 November 3, 2021, I caused the within [PROPOSED] ORDER GRANTING 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 for collection 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's 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 16 17 18 20 21 22 FACSIMILE - November 3, 2021 at a.m./p.m., by use of facsimile machine telephone number (916) 924-7980, I served a true 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 no error was reported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print a transmission records of the transmission, a copy of which is attached to this Declaration. OVERNIGHT COURIER - By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service. EMAIL - November 3, 2021, pursuant to the agreement of the parties, 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 this declaration was executed on Novemb California. 28