Case Number: BC505432 Hearing Date: May 22, 2014 Dept: 58

JUDGE ROLF TREU
DEPARTMENT 58
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Hearing Date: Thursday, May 22, 2014
Calendar No: 8
Case Name: Rhee v. Aurora Loan Services, LLC, et al.
Case No.: BC505432
Motion: Motion to Quash Service of Summons
Moving Party: Defendant Hong Soo Jun
Responding Party: No opposition filed
Notice: OK

Tentative Ruling: Motion to quash service of summons is granted.
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Background and Procedural History –
On 4/10/13, Plaintiff Jacob Rhee, in propria persona, filed this action against Defendants Aurora Loan Services, LLC; Eric G. Fernandez; Paul Cargile; Jeff Dickens; and Brenia Romero for intentional infliction of emotional distress arising out of alleged eviction and inspection activities taken with respect to property at which Plaintiff is a tenant. On 4/30/13, Plaintiff filed a First Amended Complaint asserting causes of action for (1) intentional infliction of emotional distress and (2) intentional tort. The FAC added Endres Law Firm and Aegis Realty Co. as defendants. On 5/8/13, Plaintiff named Sean H. Bedrosian as Doe-1. On 5/23/13, Plaintiff named Nationstar Mortgage, LLC as Doe 1.

On 7/31/13, the Court granted a special motion to strike pursuant to CCP § 425.16 filed by Eric G. Fernandez, TFLG (formerly known as The Endres Law Firm) and Bedrosian (collectively “Attorney Defendants”). On 8/23/13, Attorney Defendants filed a motion for attorney fees and costs pursuant to CCP § 425.16(c)(1). On 9/12/13, the Court sustained demurrers to the FAC filed by Romero and Aegis Realty with leave to amend; overruled the demurrer filed by Aurora; and denied the Attorney Defendants’ motion for attorney fees and costs based on insufficient notice pursuant to CCP § 1005(b). On 10/7/13, Plaintiff filed a Second Amended Complaint asserting causes of action for (1) intentional tort and (2) malicious prosecution. On 10/18/13, Attorney Defendants filed a motion for leave to re-file the motion for attorney fees and costs set for hearing on 1/15/14. On 11/18/14, Aurora filed notice that Plaintiff’s Chapter 13 bankruptcy had been converted to a Chapter 7 bankruptcy and requested a stay. On 1/8/14, Attorney Defendants filed a notice of dismissal of Plaintiff’s bankruptcy action.

On 1/28/14, Attorney Defendants re-filed a motion for leave to re-file the motion for attorney fees and costs. On 1/30/14, Plaintiff named Hong Soo Jun, Jason Moore, and Sarah Jun as Does 2-4 respectively. On 2/3/14, Plaintiff filed a “supplemental pleading” which purported to add causes of action for promise with no intent to perform, intentional tort, and injunction against Nationstar, Moore, the Juns, and “Aegis Realty Company.”

On 2/7/14, the Court, on its own motion, struck Plaintiff’s “Supplemental Pleading” as it was filed without leave of Court. Additionally, the Court sustained demurrers by Romero and Aegis Realty without leave to amend; and overruled the demurrer by Aurora.

On 4/8/14, defaults were entered against Moore and Dickens. On 4/21/14, the Court granted Attorney Defendants’ application for leave to re-file the motion for attorney fees and costs, which is set for hearing on 6/20/14. The Court also granted Aurora’s motion to bifurcate trial as to its affirmative defenses of res judicata, collateral estoppel, and statute of limitations.

At the trial on 4/21/14, the Court granted motions for judgment pursuant to CCP § 631.8 by Cargile and Aurora. On 4/25/14, Plaintiff filed a notice of intent to file a motion for new trial; on 4/28/14, Plaintiff filed an amended notice of intent to file a motion for new trial: these matters are set for hearing on 6/20/14.

Motion to Quash Service of Summons –
Hong Soo Jun moves to quash service of the summons. “In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court’s personal jurisdiction over a defendant. When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40. “It has been held that the filing of a proof of service creates a rebuttable presumption that the service was proper. However, that presumption arises only if the proof of service complies with the statutory requirements regarding such proofs.” Id. at 1441-42 (citations omitted). “The plaintiff has the burden of demonstrating by a preponderance of the evidence that all jurisdictional criteria are met.” Taylor-Rush v. Multitech Corp. (1990) 217 Cal.App.3d 103, 110.

On 4/8/14, Plaintiff filed a proof of service of summons and the “complaint” and “amendment of complaint” on Hong Soo Jun by personal service on 1/5/14 at 1047 S. Oxford Ave., Los Angeles, CA 90006. See, e.g., Sarah Jun Decl. ¶ 10, Ex. 2. Hong Soo Jun submits that he was not personally served and that he was not present at that address on 1/5/14. Hong Soo Jun Decl. ¶¶ 3-5. No opposition was filed. Plaintiff fails to dispute Hong Soo Jun’s rebuttal as to the 4/8/14 proof of service. The motion to quash service of summons is granted.

Case No. BC536393 –
The Court notes that Hong Soo Jun has argued that Plaintiff has repeatedly made misrepresentations to the courts (see, e.g., Sarah Jun Decl. ¶ 9, Ex. 3): this argument was not considered as it is supported only by an unverified pleading. Nevertheless, the Court notes that Hong Soo Jun has filed Case No. BC536393 against Plaintiff that arises out of the same property that is the subject of Plaintiff’s action herein. Although Hong Soo Jun filed a notice of related case in BC536393, no notice of related case was filed in this action as required under CRC 3.300. BC536393 is currently assigned to Dept. 68: this Court was unaware of BC536393 until it considered the present motion. The Court notes the following upcoming dates in BC536393: a CMC set for 5/21/14; a demurrer set for 6/3/14 (which should be off-calendar due to the FAC filed on 4/16/14); motions to quash service of summons and cross-complaint set for 7/9/14; and a demurrer to the FAC set for 8/1/14.