Pan

Pan v. Huang CA4/2

Good Law
Court of Appeal of CaliforniaAugust 27, 2015E061462California2,138 words

Opinion

Opinion

I. INTRODUCTION

Defendant and appellant, Kerry Huang, appeals an amended judgment in favor of

plaintiff and respondent, Ping Pan, adding defendant as a judgment debtor in plaintiff’s

1 action for unjust enrichment. Defendant contends the trial court erred in denying his

motion to quash service because there was no substantial evidence to support the ruling.

He further contends the trial court erred in granting plaintiff’s motion to amend the

judgment previously entered against AC International Corp. (ACI) to add him as a

judgment debtor under Code of Civil Procedure section 1871 because (1) the trial court

had no jurisdiction to continue the hearing on plaintiff’s motion to amend and require him

to file his opposition on the same day service was complete and (2) the trial court lacked

jurisdiction under a 10-day “safe harbor” period after the denial of the motion to quash.

Plaintiff argues that defendant never filed his motion to quash, and the safe harbor

period therefore did not apply.

We conclude the trial court erred in issuing an order to defendant before

jurisdiction was acquired over him and in entering judgment against defendant before the

time to file a…

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