MEMORANDUM OF POINTS AND AUTHORITIES
RE: Proper Service Method for Motion to Quash Service of Summons
I. INTRODUCTION
Defendant [Your Name], specially appearing for the sole purpose of this motion, respectfully submits this Memorandum of Points and Authorities to clarify the appropriate method of serving a Motion to Quash Service of Summons under California law. Proper service ensures compliance with statutory procedures while preserving Defendant’s objection to personal jurisdiction.
II. LEGAL STANDARD FOR SERVICE OF A MOTION TO QUASH
A. A Motion to Quash Must Be Served on All Appearing Parties
California law requires that motions, including a motion to quash, be served on all parties who have appeared in the action, typically through their counsel of record. If a party has not yet appeared, service is generally made on that party directly.
Authority:
- Code of Civil Procedure § 1005(b): “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”
- Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1431: Defendants challenging personal jurisdiction must serve their motion while preserving the jurisdictional defense.
B. First-Class Mail is an Authorized Method of Service for Motions, Including Motions to Quash
Under California law, first-class mail is a valid and commonly used method of serving motions, including a Motion to Quash. This method is authorized under Code of Civil Procedure §§ 1012 and 1013, which govern service of papers in ongoing cases.
Authority:
- Code of Civil Procedure § 1013(a): “Service is complete at the time of the deposit [in the mail] and is deemed complete after five calendar days, upon mailing by first-class mail.”
- Code of Civil Procedure § 1012: Specifies that service may be made by delivering a copy, including by mail when appropriate.
- Sternbeck v. Buck (1967) 252 Cal.App.2d 689, 692: Confirming that a defendant making a special appearance to challenge jurisdiction may serve a motion to quash without waiving that jurisdictional challenge, and that proper service ensures the motion is heard.
Thus, first-class mail is a permitted, non-prejudicial method of serving a motion to quash.
C. Personal Service and Electronic Service Are Also Permissible (if Applicable)
While first-class mail is sufficient, California law also permits personal service and electronic service, provided that the receiving party has agreed to such electronic service as outlined in CRC Rule 2.251(b).
Authority:
- Code of Civil Procedure § 1011(a): Authorizes personal delivery of service.
- California Rules of Court, Rule 2.251(b)(1): Electronic service is authorized if consented to by the party to be served.
- Code of Civil Procedure § 1013(g): Specifies that “Nothing in this section shall be construed to limit or affect the right to serve any process in any other manner permitted by law.”
Thus, while first-class mail is the standard default, personal service or electronic service (with consent) are alternatives.
III. CONCLUSION
For the foregoing reasons, Defendant submits that service of a Motion to Quash Service of Summons may be properly effectuated by first-class mail, or by personal service or electronic service where applicable, in accordance with CCP §§ 1012, 1013, and 1005(b). Proper service by mail does not waive Defendant’s special appearance or challenge to personal jurisdiction.
List of Key Authorities to Include in Your Points and Authorities:
| Legal Source | Summary of What It Provides |
|---|---|
| CCP § 418.10 | Right to file a motion to quash for lack of personal jurisdiction. |
| CCP § 1005(b) | Motions must be served at least 16 court days before hearing. |
| CCP § 1012 | Authorizes service by delivery, including mail. |
| CCP § 1013(a) | Service by first-class mail is authorized and completed when mailed. |
| CCP § 1011(a) | Permits personal service of motions. |
| CCP § 1013(g) | Service may also be made by other methods permitted by law. |
| CRC Rule 2.251(b) | Permits electronic service with consent. |
| Dill v. Berquist Construction Co. (1994) | Motions to quash must be served properly without waiving defense. |
| Sternbeck v. Buck (1967) | Motion to quash service does not waive jurisdiction if served properly. |