Sample Opposition to Motion to Quash Service in California
This sample opposition to a motion to quash service of summons in California is used when a Plaintiff opposes the motion to quash on the grounds that the motion to quash does not comply with the provisions of Code of Civil Procedure section 418.10(b), that service of the summons and complaint was made by a Registered Process Server and is entitled to the presumption of proper service under Evidence Code section 647, that service of the summons and complaint resulted in actual notice of the lawsuit to Defendant in that Defendant had numerous communications with the Plaintiff in which they have acknowledged receipt of the summons and complaint and have made offers to settle. The sample is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.