Khachatryan
Khachatryan v. Toyota Motor Sales, U.S.A., Inc.
Opinion
Opinion
Selna, J.
Proceedings: (In Chambers) Order Denying Toyota Motor Corp.’s Motion to Dismiss (fid 7-24-08)
Defendant Toyota Motor Corporation (“Toyota Japan”) moves to dismiss the Complaint for insufficient service of process, pursuant to Federal Rule of Civil Procedure 12(b)(5). Plaintiff Zarui Kha-chatryan (“Khachatryan”) opposes the motion.
I. Legal Standard
Under Federal Rules of Civil Procedure 12(b)(5), a Court may dismiss a complaint where there is an insufficiency of process or service of process. Federal Rule 4 governs the manner in which process must be served.
A foreign corporation, such as Toyota Japan, must be served “in a judicial district of the United States: (A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or (B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process.” Fed.R.Civ.P. 4(h)(1). Rule 4(e)(1) provides that process may be served in accordance with “state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made.”…