Sample motion to quash service for California eviction


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This sample motion to quash service for a California unlawful detainer (eviction) case is made under Code of Civil Procedure section 418.10 on the grounds that the service was defective in some way. This motion to quash service is considered a special appearance. The sample on which this preview is based contains a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.

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Sample motion to quash service for California eviction

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Defendant Any Street Any Town, CA 55555 714-555-5555 Specially Appearing Defendant, In Pro Per Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________ DATE: TIME: DEPT: To subscribe to my FREE weekly California legal newsletter visit and enter your e-mail address. To purchase and download the entire motion to quash visit: Service-for-California-Unlawful-Detainer - 1 - NOTICE OF MOTION AND MOTION TO QUASH SERVICE
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To purchase the California eviction document package containing 20 documents including the entire motion to quash, a demurrer, motion to strike, answer and more for only $49.99 visit or 1TO PLAINTIFF, _____________________________________________ AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _________________, at ___________M., or as soon after that as the matter can be heard, in Department _____ of the above-entitled court located at _______________________________________________________, specially appearing defendant, ___________________________ will appear specially and move the Court for an order quashing plaintiff’s purported service of summons and complaint on defendant. This motion is made under Section 418.10 of the Code of Civil Procedure on the grounds that the summons and complaint were not properly served on defendant in that Defendant, ____________________ was not personally served with the summons and complaint, instead they were posted on their front door despite the fact that no order to post had been requested by plaintiff, nor granted by the Court. Therefore the purported service on Defendant was not valid and should be quashed. This motion will be based on this notice of motion, the memorandum of points and authorities; the Declaration of ____________________, the pleadings, documents, records and files in this action, and such oral and documentary evidence as may be presented at the hearing. Dated: ________________ __________________________________________ Specially Appearing Defendant - 2 - NOTICE OF MOTION AND MOTION TO QUASH SERVICE
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS On ______________, Plaintiff, (“Plaintiff”) filed their complaint against the specially appearing Defendant, ____________________________________________, (“Defendant”). The proof of service filed by Plaintiff alleges that Defendant was personally served on ____________________with the summons and complaint. Defendant denies being personally served and alleges that she had no knowledge of the summons and complaint, nor that anyone was attempting to serve her until _______________ when they opened their front door and noticed the summons and complaint was posted on the front door. Plaintiff did not request, nor did they obtain an order from this Court to allow posting of the summons and complaint as required by law before a summons and complaint may be served by posting. Defendant contends that the service on them was improper and the Court should quash the purported service and require Plaintiff to properly serve them. II. LEGAL ARGUMENT A. THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT IS NOT VALID AND SHOULD BE QUASHED Code of Civil Procedure § 418.10 states in part: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the - 3 - NOTICE OF MOTION AND MOTION TO QUASH SERVICE