Pan
Pan v. Huang CA4/2
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…