Song

Song v. Que

Good Law
United States District Court, Northern District of CaliforniaOctober 16, 20233:23-cv-02159California559 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LIHUA SONG, Case No. 23-cv-02159-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. QUASH SERVICE AND DENYING

MOTION TO DISMISS

WENBIN QUE,

Re: Dkt. No. 28 Defendant.

The motion to quash service is granted, and the motion to dismiss for lack of personal jurisdiction is denied. This ruling assumes the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. Service. Song has not established that Que was properly served under Federal Rule of Civil Procedure 4. Brockmeyer v. May, 383 F.3d 798, 801 (9th Cir. 2004). She hasn’t shown that the Byron Street address (where a copy of the summons and of the complaint was left) is Que’s “dwelling or usual place of abode” or that Que resides in the United States at all. See Fed. R. Civ. P. 4(e)(2)(B). Allegations that Que’s son lives at the Byron Street property and that Que himself might have once owned it do not suffice, especially when various filings in the underlying Hong Kong action reference Que’s residential Hong Kong address. See Dkt. No. 16- 6; Dkt. No. 24-2; United States v.…

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