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Case Information
Filed
2022-11-01
Status
Dismissed
Type
(18) Unlimited Insurance Coverage
Docket
66 entries
Disposition
notice of entry of judgment
Parties
Plaintiff
Zurich American Insurance Company|View Document 's Case Management Ment|View Document 's Opposition To Motion To Quash|View Document Defendant's Notice Of Motion And Motion To Quash Service Of Summons Of 's Complaint|View Document Defendant's Case Management Ment
Defendant
Hotai Insurance Company, Ltd|View Document Declaration Of Henry Peng In Support Of 's Motion To Quash Service Of Summons|View Document Declaration Of Jonquil L Whitehead, Esq In Support Of Specially Appearing Hotai Insurance|View Document Hotai Insurance Company's Notice Of Motion And Motion To Quash Service Of Summons|View Document 's Notice Of Motion And Motion To Quash Service Of Summons Of Plaintiff's Complaint|View Document Declaration Of Jonquil L Whitehead, Esq., In Support Of Specially Appearing 's Motion|View Document Request For Judicial Notice In Support Of Specially Appearing 's Notice Of Motion|View Document Hotai Insurance Company's Reply In Support Of Its Motion To Quash Service Of Summons|View Document 's Case Management Statement
Lawyers
Docket Entries
- Minute Order View Document Civil Minutes
- Summons Issued and Filed View Document Summons Issued and Filed
- Civil Case Cover Sheet View Document Civil Case Cover Sheet
- Notice of Assignment and Case Management Conference View Document Notice of Assignment and Case Management Conference Judicial Officer Benson, Stephen E
- Proof of Service Served
- Cause Of Action Action Judicial Review File Date
- Cause Of Action Action Contract File Date
- Cause Of Action Action Contract File Date
- Cause Of Action Action Contract File Date
- Change of Address View Document Notice of Change of Address
- Notice of Related Case View Document Notice of Related Case
- Case Management Statement View Document Plaintiff's Case Management Statement
- Case Management Conference Original Type Case Management Conference View Document Notice of Related Case View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Parties Present Plaintiff Attorney: Reeves, William Courtland
- Minute Order View Document Civil Minutes
- Case Management Statement View Document Plaintiff's Case Management Statement
- Case Management Conference Original Type Case Management Conference View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Parties Present Plaintiff Attorney: Reeves, William Courtland
- Minute Order View Document Civil Minutes
- Proof of Service of Summons Filed View Document Proof of Service of Summons
- Case Management Statement View Document Plaintiff's Case Management Statement
- Case Management Conference Original Type Case Management Conference View Document Proof of Service of Summons View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Parties Present Plaintiff Attorney: Reeves, William Courtland
- Minute Order View Document Civil Minutes
- Notice of Hearing View Document Notice of Hearing
- Declaration View Document Declaration of Henry Peng in Support of Defendant's Motion to Quash Service of Summons Comment Declaration of Henry Peng in Support of Defendant's Motion to Quash Service of Summons for Lack of Jurisdiction and Improper Service
- Declaration View Document Declaration of Jonquil L Whitehead, Esq in Support of Specially Appearing Defendant Hotai Insurance Comment Declaration of Jonnquil L Whitehead, Esq in Support of Specially Appearing Defendant Hotai Insurance Company's Motion to Quash Service of Summons for Lack of Jurisdiction and Improper Service
- Answer - Response - Denial - Unlimited View Document Defendant Hotai Insurance Company's Notice of Motion and Motion to Quash Service of Summons Comment Defendant Hotai Insurance Company's Notice of Motion and Motion to Quash Service of Summons on XC and to Dismiss Hotai Insurance Co from This Action for Improper Service and Lack of Jurisdiction Under CCP Memorandum of Points and Authorities
- Returned Mail View Document Returned Mail Comment Notice of Hearing
- Opposition - No Fee View Document Plaintiff's Opposition to Motion to Quash Comment Opposition to Motion to Quash
- Reply View Document Reply in Support of Motion to Quash Service of Summons on Cross-Complaint and to Dismiss Comment Reply in Support of Motion to Quash Service of Summons on Cross-Complaint and to Dismiss
- Motion hearings - Predisposition Original Type Motion hearings - Predisposition View Document Declaration of Henry Peng in Support of Defendant's Motion to Quash Service of Summons View Document Declaration of Jonquil L Whitehead, Esq in Support of Specially Appearing Defendant Hotai Insurance View Document Defendant Hotai Insurance Company's Notice of Motion and Motion to Quash Service of Summons View Document Plaintiff's Opposition to Motion to Quash View Document Reply in Support of Motion to Quash Service of Summons on Cross-Complaint and to Dismiss View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 9:00 AM Result Held Comment Specially Appearing Defendant Hotai Insurance Company's Notice of Motion and Motion to Quash Service of Summons on Cross-complaint and to Dismiss Hotai Insurance Complaint from this Action for Improper Service and Lack of Jurisdiction
- Tentative Ruling Comment Defendant's Motion to Quash Service of Summons For Lack of Jurisdiction and Personal Service is GRANTED for failure to comply with Taiwan service of process requirements. The Court declines addressing other legal issues at this time. CCP 413.10. Application of chapter; Service outside state or country Except as otherwise provided by statute, a summons shall be served on a person: ... (c) Outside the United States, as provided in this chapter or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory. [Emphasis Added] It appears the counterpart Federal Rule 4 at one time included the "as prescribed" language but was subsequently amended to permit a method that is reasonably calculated to give notice, unless prohibited by the foreign country's law. The case cited by Plaintiff, Tatung Company Ltd. v. Hsu 2014 WL11514476 was in the context of the amended language. The Court found that because Taiwan law did not prohibit personal service, personal service was a proper means of service. Unfortunately for Plaintiff, California has not made a similar amendment to CCP 413.10. Thus, we are bound by the "as prescribed" language of section 413.10(c). Because Taiwan requires the court clerk of the Taiwanese court to administer service of process (see Winplus N. Am. v. Scan Top Enter. Co., 2015 U.S. Dist. LEXIS 200446) the motion must be granted. Defendant shall prepare and submit a form of order consistent with this ruling within 2 weeks.
- Minute Order View Document Civil Minutes
- Order View Document Order Granting Motion to Quash Service Judicial Officer Benson, Stephen E Comment Order Granting Motion to Quash Service
- Proof of Mailing View Document Proof of Mailing
- Notice of Entry of Judgment, Order or Ruling View Document Notice of Entry of Judgment or Order Comment Notice of Entry of Judgment or Order
- Case Management Statement View Document Plaintiff's Case Management Statement
- Application - $20 Fee View Document Application for Issuance of International Letter of Request (Letter Rogatory) Comment Application for Issuance of International Letter of Request (Letter Rogatory)
- Case Management Conference Original Type Case Management Conference View Document Plaintiff's Case Management Statement View Document Application for Issuance of International Letter of Request (Letter Rogatory) View Document Request for International Judicial Assistance (Letter Rogatory) View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Parties Present Plaintiff Attorney: Reeves, William Courtland
- Request View Document Request for International Judicial Assistance (Letter Rogatory) Comment Request for International Judicial Assistance (Letter Rogatory)
- Minute Order View Document Civil Minutes
- Proof of Mailing View Document Proof of Mailing
- Motion - Fee View Document Defendant's Notice of Motion and Motion to Quash Service of Summons of Plaintiff's Complaint Comment Defendant's Notice of Motion and Motion to Quash Service of Summons of Plaintiff's Complaint and to Dismiss Hotai Insurance Company from this Action for Lack of Jurisdiction Under CCP 418.10 and 581(h); Memorandum of Points and Authorities
- Declaration View Document Declaration of Henry Peng in Support of Defendant's Motion to Quash Service of Summons Comment Declaration of Henry Peng in Support of Defendant's Motion to Quash Service of Summons for lack of Jurisdiction
- Declaration View Document Declaration of Jonquil L Whitehead, ESQ., in Support of Specially Appearing Defendant's Motion Comment Declaration of Jonquil L Whitehead, ESQ., in Support of Specially Appearing Defendant's Motion to Quash Service of Summons for lack of Jurisdiction
- Request for Judicial Notice View Document Request for Judicial Notice in Support of Specially Appearing Defendant's Notice of Motion Comment Request for Judicial Notice in Support of Specially Appearing Defendant's Notice of Motion and Motion to Quash Service of Summons of Plaintiff's Complaint and to Dismiss
- Opposition - No Fee View Document Opposition to Motion to Quash Comment Opposition to Motion to Quash
- Reply View Document Defendant Hotai Insurance Company's Reply in Support of Its Motion to Quash Service of Summons Comment Specially Appearing Defendant Hotai Insurance Company's Reply in Support of Its Motion to Quash Service of Summons of Plaintiff's Complaint and to Dismiss Hotai Insurance Company from this Action for Lack of Jurisdiction
- Motion hearings - Predisposition Original Type Motion hearings - Predisposition View Document Defendant's Notice of Motion and Motion to Quash Service of Summons of Plaintiff's Complaint View Document Declaration of Henry Peng in Support of Defendant's Motion to Quash Service of Summons View Document Declaration of Jonquil L Whitehead, ESQ., in Support of Specially Appearing Defendant's Motion View Document Request for Judicial Notice in Support of Specially Appearing Defendant's Notice of Motion View Document Opposition to Motion to Quash View Document Defendant Hotai Insurance Company's Reply in Support of Its Motion to Quash Service of Summons View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 9:00 AM Result Held Comment Specially Appearing Defendant's Notice of Motion and Motion to Quash Service of Summons of Plaintiff's COmplaint and to Dismiss Hotai Insurance Company from this Action for lack of Jurisdiction Under CCP 418.10 and 581(h); Memorandum of Points and Authorities Parties Present Plaintiff Attorney: Reeves, William Courtland Defendant Retained Counsel: Whitehead, Jonquil Linda
- Tentative Ruling Comment The motion is continued to April 16, 2025 at 9:00am for Plaintiff to conduct jurisdictional discovery. The Court adopts the framework proposed by Plaintiff, and discovery is limited as follows: Insurance policies Hotai issued Risks Hotai bears exposure for per the policies it issued Claims history for claims made in California Underwriting for the policy it issued Plaintiff's supplemental brief is due no later than March 27, 2024. Defendant's supplemental brief is due no later April 4, 2024. Plaintiff shall prepare and submit a form of order within 2 weeks.
- Case Under Submission for Decision Judicial Officer Benson, Stephen E
- Minute Order View Document Civil Minutes
- Order After Hearing View Document Order After Hearing Judicial Officer Benson, Stephen E
- Proof of Mailing View Document Proof of Mailing
- Notice of Entry of Judgment, Order or Ruling View Document Notice of Entry of Judgment or Order
- Case Management Statement View Document Defendant's Case Management Statement
- Case Management Statement View Document Plaintiff's Case Management Statement
- Case Management Conference Original Type Case Management Conference View Document Defendant's Case Management Statement View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Parties Present Plaintiff Attorney: Reeves, William Courtland Defendant Retained Counsel: Whitehead, Jonquil Linda
- Minute Order View Document Civil Minutes
- Notice of Settlement
- Notice of Hearing View Document Request for Dismissal-Unconditional Settlement Comment Notice of Hearing Re: Request for Unconditional Dismissal
- Returned Mail View Document Returned Mail; Notice for Request for Dismissal/Unconditional Settlement; re-sent to 1925 Palomar Oa Comment Notice for Request for Dismissal/Unconditional Settlement; re-sent to 1925 Palomar Oaks Way, Suite 204, Carlsbad, CA 92008
- Motion hearings - Predisposition View Document Order After Hearing View Document Notice of Entry of Judgment or Order Judicial Officer Benson, Stephen E Hearing Time 9:00 AM Cancel Reason Vacated Comment Specially Appearing Defendant's Notice of Motion and Motion to Quash Service of Summons of Plaintiff's Complaint and to Dismiss Hotai Insurance Company from this Action for lack of Jurisdiction Under CCP 418.10 and 581(h); Memorandum of Points and Authorities; Continued from
- Stipulation and Order View Document Stipulation and Order to Continue Settlement Status Hearing Judicial Officer Benson, Stephen E Comment Stipulation and Order to Continue Settlement Status Hearing
- Proof of Mailing View Document Proof of Mailing
- Returned Mail Comment Order Continuing Settlement Status Hearing
- Request for Dismissal Entire Action - Entered
- Status Conference Original Type Status Conference View Document Stipulation and Order to Continue Settlement Status Hearing View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Comment Reported as settled, Dismissal to be Filed Parties Present Plaintiff Attorney: Reeves, William Courtland
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