Timmann v. Napoli
Plaintiff and Appellant Swarnapali Timmann (Timmann) filed suit against a number of defendants, including defendants and respondents John F. Napoli (Napoli), JFN Project Consultants, a California corporation (JFN Consultants); and JFN Project Consultants Limited, a United Kingdom corporation (JFN Limited) (collectively defendants), for fraud and breach of contract, among other causes of action. According to Timmann, defendants breached an investment agreement by failing to pay interest on the principal amount and by failing to return the principal amount after Timmann canceled the agreement. Court reverse. Timmann properly served JFN Limited in December 2004. JFN Limiteds 2007 motion to quash was therefore untimely. In addition, because Timmann properly served JFN Limited in December 2004, the trial court abused its discretion by dismissing the action against JFN Limited based upon Timmanns alleged dilatory service of process. The case is remanded to the trial court for further proceedings.
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