Gray
Gray v. Mazda Motor of America, Inc.
Opinion
Opinion
Selna, J.
Proceedings: Defendant’s Motion to Dismiss (Fld 5-5-08)
Cause called and counsel make their appearances. The Court’s tentative ruling is issued. Counsel make their arguments. The Court DENIES the defendant’s motion and rules in accordance with the tentative ruling as follows:
Defendant Mazda Motor Corporation (“Mazda-Japan”) requests the Court to dismiss it from this action for insufficient service of process, pursuant to Federal Rule of Civil Procedure 12(b)(5). Plaintiff Terry Gray (“Gray”) 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 Mazda-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…