To properly serve a Motion to Quash Service of Summons, you must follow both statutory rules and case law precedents. Below is a Memorandum of Points and Authorities that outlines the legal basis for how to properly serve the motion.
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
Defendant [Your Name], specially appearing for the purpose of this motion, submits this Memorandum of Points and Authorities in support of proper service of a Motion to Quash Service of Summons, pursuant to California Code of Civil Procedure (“CCP”) § 418.10.
II. LEGAL STANDARD FOR SERVING A MOTION TO QUASH
Under CCP § 418.10(a)(1), a defendant may file a motion to quash service of summons on the grounds of improper service or lack of personal jurisdiction. However, to be properly heard, the motion itself must be served in compliance with California law.
III. SERVICE REQUIREMENTS FOR A MOTION TO QUASH
A. Service Must Be Made on All Appearing Parties
- A motion to quash must be served on the plaintiff or their attorney if the plaintiff is represented.
- If other defendants have appeared in the case, they must also be served.
- If no party has appeared, defendant may serve the motion but must not waive their jurisdictional objection by improper service.
Authority:
- Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1431 — A defendant challenging jurisdiction must comply with service rules without submitting to court jurisdiction.
- Rutter Group: Civil Procedure Before Trial § 4:424 — Service of motion to quash must be on plaintiff, and any party who has appeared.
B. Service Must Be Done by Mail (or Alternative Acceptable Methods)
- The motion to quash must be served by mail to all appearing parties.
- The serving party must be over 18 years old and not a party to the case.
- Personal service is not required but permitted.
- Electronic service is valid only if the plaintiff has agreed to e-service.
Authority:
- CCP § 1005(b): Motions must be served at least 16 court days before the hearing, plus additional time if served by mail.
- Sternbeck v. Buck (1967) 252 Cal.App.2d 689, 692: Defendant’s motion to quash must be served in a manner that does not waive jurisdictional objections.
C. Proof of Service Must Be Filed with the Court
- The moving party must file a completed Proof of Service (POS-030) with the court.
- Failure to file a Proof of Service may result in the motion not being considered.
Authority:
- CCP § 1013(a): Proof of Service by mail is required when service is completed by mail.
- Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808: Court will reject motions if Proof of Service is missing or incomplete.
IV. CONCLUSION
For the foregoing reasons, Defendant [Your Name] submits that service of the Motion to Quash should be properly effectuated by mailing the motion to all appearing parties, ensuring compliance with CCP § 418.10, CCP § 1005(b), and California case law.
Practical Steps Based on This Authority:
Step 1: Identify all appearing parties (Plaintiff and any other appearing defendants).
Step 2: Have a third party (not you), over 18, mail a copy of the motion to the Plaintiff (or their attorney).
Step 3: Complete Proof of Service by Mail (POS-030) form.
Step 4: File both Motion to Quash and POS-030 with the court before the deadline.