Sample opposition to motion to quash service in California

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This sample opposition to motion to quash service of summons in California designed for use by a Plaintiff who 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) in that the hearing date is more than 30 days after the filing of the notice of motion, 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 and 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 on which this preview is based 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.

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Sample opposition to motion to quash service in California

  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 Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendants, and DOES 1-5, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________ DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. To view over 255 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents Be sure to remove this notice and all other notices before using this document. - 1 - OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS
  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 1 Plaintiff, _____________________________________ herein submits its Opposition to Defendants ________________________ motion to quash service of summons on the grounds that: 1. The motion to quash is clearly filed in bad faith as a delaying tactic in that it is not timely calendared in that the hearing does not comply with Code of Civil Procedure § 418.10(b) which states “The notice shall designate, as the time for making the motion, a date not more than 30 days after filing of the notice”, the notice of motion was filed by Defendant on __________, which date is a date ___ days after the notice was filed, thereby violating Plaintiff's right to a timely hearing. 2. Defendant has received actual notice of the above-entitled case in that Defendant has had numerous communications with the Plaintiff in which they have acknowledged receipt of the summons and complaint; have made entered into settlement negotiations and made offers to settle, and Defendant has requested and received two extensions to answer the complaint, all without ever reserving the right to challenge service, all prior to filing the frivolous, unsupported motion on ______________. 3. Defendant was properly served on ________ by a Registered Process Server as shown by the proof of service filed on ________ and attached as Exhibit “1” to the declaration of _____________. Said proof of service complies with all statutory standards and this creates a rebuttable presumption that service was proper. The Opposition shall be based on this Opposition, the attached Memorandum of Points and Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and records of this action, and on such other oral and/or documentary evidence as may be presented at the hearing on the Motion. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY - 2 - OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS
  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 Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Remember that YOUR OPPOSITION MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS BEFORE THE HEARING. Court days means Monday through Friday, except for Court holidays. You should serve your opposition by personal delivery or overnight mail. See Code of Civil Procedure Section 1005 for more details. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/231393703/Sample-Opposition-to-Motion-to- Quash-Service-in-California - 3 - OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS

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