2013-00148694-CU-OR

Gustavo Munguia vs. Thomas Hinkle

Nature of Proceeding: Motion to Quash Service of Summons

Filed By: Hinkle, Thomas

Defendants Lily and Thomas Hinkle (“Defendants”), proceeding without counsel in this
action, filed a motion to quash service of summons for lack of personal jurisdiction.
Plaintiff Gustavo Munguia individually and on behalf of Gustavo Munguia 401(k) Plan
(“Plaintiff”) opposed the motion. Defendants also filed a “Rebuttal to Opposition to
Motion to Quash.”

Defendants’ motion is DENIED. Defendants previously filed a motion to strike portions
of Plaintiffs complaint. On March 20, 2014, the Court granted that motion in part and
struck the prayer for punitive damages, but otherwise denied the motion. The Court
also ordered Defendants to file their answer “no later than” April 1, 2014. No answer
was timely filed. On April 2, 2014, Defendants filed the instant motion to quash service
of summons for lack of personal jurisdiction.

California Code of Civil Procedure § 418.10(e)(3) provides: “Failure to make a motion
[to quash service of summons for lack of jurisdiction] under this section at the
time of filing a demurrer or motion to strike constitutes a waiver of the issues of
lack of personal jurisdiction, inadequacy of process, inadequacy of service of
process, inconvenient forum, and delay in prosecution.” (Code Civ. Proc. § 418.10(e)
(3) (emphasis added).) Accordingly, by filing their motion to strike without an
accompanying challenge to personal jurisdiction, Defendants waived such challenge.
While Defendants raise the issue of their status as non-attorneys, except when a
particular rule provides otherwise “the rules of civil procedure must apply equally to
parties represented by counsel and those who forgo attorney representation.” (
Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984-985 (self-represented parties are
entitled to the same treatment as parties represented by counsel).) Accordingly,
Defendant’s motion to quash service of summons for lack of personal jurisdiction is
DENIED.

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. § 1019.5; California Rule of Court 3.1312.)