Motion to quash service opposition for a California eviction

A motion to quash service opposition for a California eviction is the topic of this blog post.

A motion to quash service opposition for a California eviction should be filed with the Court no later than the Court day before the hearing.  The opposition should be served by personal delivery, electronic service, fax transmission or express mail as specified in California Rule of Court 3.1327(c).

The law in California states that a motion to quash service opposition for a California eviction can be made orally at the time of the hearing. See California Rule of Court 3.1327(b).  However it is a much better idea to file the opposition before the hearing so that the judge hearing the motion will have time to review the opposition.

Grounds for a motion to quash service opposition for a California eviction.

The most common grounds for a motion to quash service opposition for a California eviction are:

The motion to quash service is clearly filed in bad faith as a delaying tactic in that it is not timely calendared as the hearing date is more than seven days after the filing of the notice of motion which does not comply with Code of Civil Procedure § 1167.4 which states in pertinent part that “Notwithstanding any other provision of law, in any action under this chapter: (a) Where the defendant files a notice of motion as provided for in subdivision (a) of Section 418.10, the time for making the motion shall be not less than three days nor more than seven days after the filing of the notice.

The moving defendant was properly served by personal or substituted service by a Registered Process Server as shown by the proof of service filed with the Court and the proof of service complies with all statutory standards and this creates a rebuttable presumption that service was proper under the provisions of Evidence Code § 647. This means that the tenant must prove that they were not served.

The motion to quash is moot as the Plaintiff obtained an order to post and the summons and complaint were posted and mailed at the Subject Property by a Registered Process Server as shown by the proof of service filed with the Court and the proof of service complies with all statutory standards and this creates a rebuttable presumption that service was proper under the provisions of Evidence Code § 647. This means that the tenant must prove that they were not served.

The defendant failed to serve a copy of the motion to quash service on the Plaintiff or their attorney of record.

A motion to quash service opposition for a California eviction can also request sanctions including reasonable attorney’s fees against the moving defendant under Code of Civil Procedure § 128.5 for filing a motion to quash service of summons as a delaying tactic, and for failing to serve Plaintiffs counsel with a copy of the motion to quash service.

Sample motion to quash service opposition for a California eviction for sale.

Attorney or parties in California that would like to view a portion of a 16 page motion to quash service opposition for a California eviction containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can use the link shown below.

https://www.scribd.com/document/343463606/Sample-Oppposition-to-Motion-to-Quash-Service-for-Eviction-in-California

 

Over 300 sample legal documents for California and Federal litigation for sale.

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The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.