Wells Fargo Bank, N.A. v. Jodie Tellier 18LCP-0086

Hearing: Motion to Quash

Date: April 3, 2018

Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) filed its Complaint for Unlawful Detainer (“Complaint”) on February 13, 2018. After several attempts to serve defendant Jodie Tellier (“Tellier”), Wells Fargo filed a Declaration of Due Diligence followed by an Application and Order to Serve Summons by Posting. On March 1, 2018, this Court entered an order allowing Wells Fargo to service Tellier by posting a copy of the summons and complaint on the premises and by immediately mailing, by certified mail, a copy of the summons and complaint to Tellier.

On March 22, 2018, Wells Fargo filed a proof of service showing that the required documents were served by posting and mailing on March 9, 2018. Service is complete on the tenth day after posting and mailing. (Code of Civ. Proc., § 415.45(c).) Thus, service of the summons and complaint was complete on March 19, 2018.

On March 19, 2018, Tellier filed this Motion to Quash Service of Summons via special appearance pursuant to Code of Civil Procedure section 418.10. Wells Fargo did not file an opposition. Tellier alleges in her motion that she was never personally served but only found a copy of the complaint posted on her home. She further sets forth that she has no ability to answer the complaint because no blank form was included, she does not know what form she is supposed to use to respond nor does she have a computer.

Tellier was properly served pursuant to order of this Court. Service is complete and the Court has jurisdiction. Tellier’s motion to quash is denied. Tellier shall file her response to the Complaint within five days after service of written notice of entry of this order. (Code Civ. Proc., § 1167.4(b).)