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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 1
Eva Torres
123 Green St
Pasadena, CA 91101
Tel: 626.555.5555

Specially appearing defendant, In Pro Per






SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

JOHN DOE,
Plaintiff,
vs.
MARY JANE,
Defendant
Case No.: BC 987654321
NOTICE OF MOTION AND MOTION TO QUASH
SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES;DECLARATION OF
DEFENDANT; PROOF OF SERVICE
DATE: APRIL 23, 2014
TIME: 8:30 A.M.
DEPT: 50


NOTICE OF MOTION AND MOTION
TO PLAINTIFF JOHN DOE, AND TO HIS ATTORNEY OF RECORD, NOTICE IS
HEREBY GIVEN that on April 23, 2014 at 8:30a.m., or as soon thereafter as the matter may be
heard, in Department 50 of this court, located in 111 HILL ST, Los Angeles, CA 90012,
defendant will move the court for an order quashing service of summons in this action. This
motion is made through Defendant's special appearance. The motion is made on the grounds
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 2
under CCP 418.10 that the summons and complaint were not properly served on
defendant, when summons and complaint were placed between the front door screen and front
door despite the fact that no order to post had been requested by plaintiff, nor granted by the
Court.
The motion will be based on this notice of motion, memorandum of points and authorities
and the accompanying declaration of Eva Torres, and the records and files herein, and such oral
and documentary evidence as may be presented at the hearing on this motion.
Dated this 3rd of April, 2014
_____________________________________
Specially Appearing Defendant




















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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 3
MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
On February 3, 2014, JOHN DOE, ("Plaintiff") filed their complaint against specially
appearing Defendant, Eva Torres, ("Defendant").
The summons filed by Plaintiff shows that Defendant was NOT personally served 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
April 1, 2014 when she opened her front door and noticed the summons and complaint was in
between the front door screen and 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 her was improper and the Court should quash the
purported service on her.
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
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 4
more of the following purposes: (1) To quash service of summons on the ground of lack of
jurisdiction of the court over him or her".

Code of Civil Procedure 415.10:
A summons may be served by personal delivery of a copy of the summons and of the
complaint to the person to be served. Service of a summons in this manner is deemed complete at
the time of such delivery".
As shown by the summons, EVA TORRES, was not personally served. Therefore, the
purported service of the summons and complain was not valid.
Further, the posting of the summons and complaint by dropping it between her screen and
front door was not valid as Code of Civil Procedure 415.45:
" (a) A summons in an action for unlawful detainer of real property may be served by
posting if upon affidavit it appears to the satisfaction of the court in which the action is pending
that the party to be served cannot with reasonable diligence be served in any manner specified in
this article other than publication and that: (1) A cause of action exists against the party upon
whom service is to be made or he is a necessary or proper party to the action; or (2) The party
to be served has or claims an interest in real property in this state that is subject to the
jurisdiction of the court or the relief demanded in the action consists wholly or in part in
excluding such party from any interest in such property. (b) The court shall order the summons
to be posted on the premises in a manner most likely to give actual notice to the party to be
served and direct that a copy of the summons and of the complaint be forthwith mailed by
certified mail to such party at his last known address. (c) Service of summons in this manner is
deemed complete on the 10th day after posting and mailing. (d) Notwithstanding an order for
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 5
posting of the summons, a summons may be served in any other manner authorized by this
article, except publication, in which event such service shall supersede any posted summons".
Because Plaintiff did not request, nor did they obtain an order from this Court to allow
posting of the summons and complaint, the posting of the summons and complaint by dropping it
between the screen and the front door did not constitute valid service and should be quashed.
And the fact that Defendant received the summons and complaint does not preclude a
motion to quash due to the fact that Plaintiff did not serve the summons and complaint statutorily
authorized manner.
Even when the Defendant tenants (and/or subtenants) actually received the summons and
complaint and otherwise have actual notice of the lawsuit, a motion to quash will lie if process
was not served in a statutorily-authorized manner. Schering Corp v. Super. Ct. (Ingraham)
(1975) 52 Cal. App. 3d 737, 747.

B. THE PLAINTIFF HAS THE BURDEN OF SHOWING THAT THE
PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT ON
DEFENDAT IS VALID
Case law is clear that once a defendant files a motion to quash service that the plaintiff
has the burden of proving that the service was valid.
Once a defendant files a motion to quash the burden is on the plaintiff to prove by a
preponderance of the evidence the validity of the service and the court's jurisdiction ovet the
defendant. Bolkiah v. Superior Court (1999) 74 Cal.App. 4th 984, 991.
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 6
And a defendant is under no duty to respond to a defectively served summons and may
stand mute until a plaintiff makes a showing of the validity of the service to the satisfaction of
the court. Taylor-Rush v. Multitech Corp. (1990) 217 Cal.App. 3d 103, 111.
Thus, Plaintiff now has the burden of showing that the purported service of the summons
and complaint on Defendant, EVA TORRES, is valid.

III.
CONCLUSION
Based on the above, it is requested that defendant's motion to quash service of the
summons and complaint be granted.


Dated: April 3, 2014
_________________________________
Specially Appearing Defendant















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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 7
DECLARATION OF DEFENDANT
I, EVA TORRES declare as follows.
1. I am over the age of 18 years and am a party to this action. I have personal
knowledge of the facts stated in this declaration, and if called as a witness, could and would
testify competently to truth of the facts as state herein.
2. The summons filed by Plaintiff shows that I was NOT personally served. I was
not personally served with the summons and complaint for Plaintiff's lawsuit. When I opened my
front door on April 1, 2014, there was a summons and complaint lying in between my front door
screen and front door.
3. At no times was personal service on defendant, EVA TORRES ever attempted by
Plaintiff.
4. I was not intentionally trying to avoid service as I had no knowledge that anyone
was attempting to serve me and at all times I could have been reached for persona service at my
residence.
5. I respectfully request that the Court grant my motion to quash service of the
summons and complaint.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this Declaration was executed on April 3rd, 2014 at Los
Angeles, California.
___________________________________
EVA TORRES, Defendant




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NOTICE OF MOTION AND MOTION TO QUASH SERVICE; MEMORANDUM OF POINTS AND
AUTHORITIES- 8

PROOF OF SERVICE

(STATE OF CALIFORNIA, COUNTY OF LOS ANGELES)

I am employed in the County of Los Angeles, State of California. I am over the age of
eighteen (18) and not a party to the within action; my business address is 1100 E. Green Street,
Pasadena, California 91106-2513.

On April 3rd , 2014, I served the foregoing document(s) described as:

NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF
SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF DEFENDANT- EVA TORRES to the following parties:

AL HAWYER, PLAINTIFF ATTORNEY
MAKE BELIEVE PARTNERS LAW GROUP
854 COLORADO BLVD, PASADENA, CA 91015
TEL: 626-555-0055

_X (By Mail) I caused such envelope with postage thereon fully prepaid to be placed in
the United States mail at Pasadena, California.

__ (By Fax) I caused such document to be faxed at Pasadena, California. A copy of the
facsimile transmission sheet is attached hereto.

__ (By personal Service) I caused such envelope to be delivered by hand to the
addresses(s).

__ (State) I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.

Executed on April 3rd, 2014, at Pasadena, California.

__________________________
TOMAS SERVER