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Opposing a motion to quash service of summons in California

by Stan Burman

Opposing a motion to quash service of summons in California.

Opposing a motion to quash service of summons in California is the topic of this blog post. 

This blog post will discuss some of the most common grounds for opposing a motion to quash service of summons in California.

The deadline to file and serve documents opposing a motion to quash service of summons in California is at least nine (9) Court days before the hearing, and the opposition should be served by personal service or express mail or another service providing for overnight delivery as this is required by Code of Civil Procedure section 1005.

If you have been served with a motion to quash service in California the first thing you should do is carefully review the motion and supporting documents to determine if the supporting declarations contain competent evidence to support the motion, and that the motion meets the requirements of Code of Civil Procedure § 418.10(b) which requires that the notice of motion designate a hearing date not more than 30 days after filing of the notice. If the hearing date is more than 30 days after the filing of the notice then a good argument can be made that the motion violates the right of Plaintiff to a timely hearing, is dilatory and was filed in bad faith as a delaying tactic.

The supporting declarations should be carefully scrutinized as many defendants will file motions to quash and include only vague and conclusory allegations and/or hearsay in the supporting declarations.

Another ground to consider is whether or not the defendant has ever contacted the plaintiff and acknowledged receipt of the summons and complaint in any way, entered into settlement negotiations or made offers to settle the case, or requested an extension of time to answer the complaint. If any of these factors are present the motion to quash may be opposed on the grounds that defendant received actual notice of the lawsuit.  California law is settled that the statutes relating to service of process are to be liberally construed in favor of proper service and the upholding of jurisdiction if actual notice has been received by the Defendant.

If a Registered Process Server served the summons and complaint that creates a presumption that service was proper under Evidence Code § 647 which states that, “The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.”

If you have admissible evidence that the moving party has attempted to evade service that should be included in any opposition as well as supporting declarations.

Sample opposition for opposing a motion to quash service in California for sale.

Attorneys or parties in California who would like to view a portion of a 12 page sample opposition to a motion to quash service of summons which includes 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.

Sample Opposition to Motion to Quash Service in California by Stan Burman on Scribd

 

California law and motion document collection for sale.

Attorneys or parties that would like more information on a California law and motion document collection containing over 90 sample documents including an opposition to a motion to quash service of summons sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/products/california-law-and-motion-document-collection

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

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 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.

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