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Quashing service of summons in California

by Stan Burman

Quashing service of summons in California is the topic of this blog post.

Quashing service of summons in California is authorized by the provisions of Code of Civil Procedure section 418.10 which states in pertinent part that a defendant may file a motion to quash service of summons on the ground of lack of jurisdiction of the Court over him or her. 

Quashing service of summons in California is typically made on the grounds that the service on the defendant was defective as the Court does not acquire jurisdiction over a defendant unless proper service of the summons and complaint has been made in accordance with California law.

If you want to file a motion to quash service of summons in California you must file it before you file any answer or demurrer as a motion to quash service is considered a "special appearance" meaning that it does not admit the Court’s jurisdiction over the defendant. The hearing on the motion must be set within 30 days from the date of filing of the motion to quash pursuant to Code of Civil Procedure section 418.10(b).

Failure to timely file a motion to quash constitutes a waiver of any objection to the service of process pursuant to Code of Civil Procedure section 418.10(e)(3).

A California Court of Appeal has ruled in a published case that once a defendant files a motion to quash service that the plaintiff has the burden of proving that the service was valid by a preponderance of the evidence.

The Courts in the State of California have ruled that a defendant is under no duty to respond to a defectively served summons until a plaintiff shows that service is valid.

This is particularly so when the defendant was served by "substituted service" as the statutes allowing such service are strictly construed.

And the substituted service must be made at the address where the defendant currently lives, even service made at a close relative’s house can be ineffective.

In some situations a motion to quash service of summons may still be filed even though the defendant may actually have notice of the lawsuit!

Attorneys or parties who wish to view a portion of a sample motion to quash service for a California litigation case complete with brief instructions, memorandum of points and authorities, sample declaration and proof of service by mail sold by the author can use the link shown below.

Sample Motion to Quash Service for California Unlawful Detainer (eviction) by Stan Burman on Scribd

 

 Attorneys or parties in California who would like more information on a law and motion document collection containing over 70 sample documents for California including a sample motion to quash service sold by the author can use the link shown below.

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

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.

 

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