Motion To Quash Service of Summons - Unlawful Detainer CA
Motion To Quash Service of Summons - Unlawful Detainer CA
2 [Street Address]
[City, State, Zip Code]
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[Phone Number]
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[Email Address]
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Specially Appearing Defendant, In Pro Per
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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For the County of [Name of County]
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[Name of Plaintiff], ) Case No. ______________________
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Plaintiff, )
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vs. ) NOTICE OF MOTION TO QUASH
15 ) SERVICE OF SUMMONS
16 [Name of Defendant(s), )
17 Defendant(s) ) Hearing :[Date] at [Time] A.M./P.M.
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24 1TO PLAINTIFF, [Name of Plaintiff], AND ITS ATTORNEY OF RECORD: [Name of Attorney
on Record for the Plaintiff], [Street Address, City, State, Zip Code of Attorney on Record for the
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Plaintiff].
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
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2 PLEASE TAKE NOTICE that on [Date of Hearing] at [Time], or as soon after that as the matter can
be heard, in Department [Branch Number] of the above-entitled court located at Superior Court of
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State of California, County of [Name of County], [Street Address, City, State, Zip Code of Court],
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specially appearing Defendant-movant, [Name of Defendant(s)], will appear specially and move the
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Court for an order quashing Plaintiff’s purported service of summons and complaint on defendant.
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11 complaint, as is more fully explained in the attached declaration and memorandum of points and
authorities, which makes improper service of summons.
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TIMELINESS OF FILING MOTION TO QUASH
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California Code of Civil Procedure § 415.45 (c) provides that, “Service of summons in this
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manner is deemed complete on the tenth (10th) day after posting and mailing.” Here, Plaintiff posted
16 the Summons and Complaint on [Date of Posting, example: 20 November 2020] but the date as to the
17 mailing or compliance of mailing is not determined since Defendant-movant [Name of Defendant(s)]
18 have not received a copy of such via mail.
19 Assuming for the sake of argument, without admitting, that Plaintiff complied with the
mailing requirement on the same date as of its posting on the door on the subject premises,
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Defendant-movant [Name of Defendant(s)] has fifteen (15) days to respond or file any responsive
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pleading, from [Date when Summons and Complaint was posted] or until [Deadline as to filing a
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Response]. Hence, this motion is timely filed.
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24 SUPPORTING PAPERS
25 This motion is based on this notice; all pleadings, papers, and records on file in this action;
26 matters of which the Court takes judicial notice; the accompanying supporting memorandum and
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 declaration of the Defendant-movant [Name of Defendant(s)]; and on such oral and documentary
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Dated: __________________ [NAME OF DEFENDANT(S)]
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Specially Appearing Defendant, Pro Per
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 [Name of Defendant]
2 [Street Address]
[City, State, Zip Code]
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[Phone Number]
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[Email Address]
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Specially Appearing Defendant, In Pro Per
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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For the County of [Name of County]
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[Name of Plaintiff], ) Case No. ______________________
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Plaintiff, )
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vs. ) MEMORANDUM OF POINTS AND
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) AUTHORITIES IN SUPPORT OF
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[Name of Defendant(s), ) MOTION TO QUASH SERVICE OF
17 Defendant(s) ) SUMMONS
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19 )
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 I.
2 STATEMENT OF FACTS
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On [Date when Plaintiff filed the Complaint], [Name of Plaintiff] (“Plaintiff”) filed its
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complaint against the specially appearing one of the named-Defendant(s), [Name of Defendant(s)]
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(“Defendant”).
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The summons filed by Plaintiff shows that Defendant was NOT personally served with the
7 summons and complaint. Defendant denies being personally served and alleges that he had no
8 knowledge of the summons and complaint, nor that anyone was attempting to serve him until [State
9 the circumstance as to how the Summons and Complaint was posted. Example, “22 November 2020
10 when he got home, there were some legal documents posted at the outside wall by his front door”.]
11 Further, Defendant have never received a copy of the summons and complaint in this case by first
class mail.
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Defendant contends that the service on his person was improper and the Court should quash
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the purported service on him.
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II.
16 LEGAL ARGUMENT
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the
25 Defendant. Absent any affidavit and copy of the summons and complaint to the Defendant via mail,
there can be no valid substituted service.
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 >>> --- for FULL publication,
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B. THE PLAINTIFF HAS THE BURDEN OF SHOWING THAT THE PURPORTED
10 SERVICE OF THE SUMMONS AND COMPLAINT ON DEFENDANT IS VALID
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>>> --- for FULL publication,
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C. IMPROPER SERVICE IS STRICTLY CONSTRUED AGAINST THE PLAINTIFF
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UNDER CALIFORNIA LAW
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>>> --- for FULL publication,
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III.
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CONCLUSION
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Defendant [Name of Defendant(s)] have demonstrated that there is a significant legal
22 deficiency in this case, particularly, the improper service of Summons and Complaint.
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24 IV.
25 RELIEF REQUESTED
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 WHEREFORE, AND FOR ALL OF THE ABOVE REASONS, Defendant [Name of
2 Defendant(s)] prays that the court grant this motion and order service of summons quashed.
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Dated: __________________ [NAME OF DEFENDANT(S)]
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Specially Appearing Defendant, Pro Per
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 [Name of Defendant]
2 [Street Address]
[City, State, Zip Code]
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[Phone Number]
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[Email Address]
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Specially Appearing Defendant, In Pro Per
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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For the County of [Name of County]
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[Name of Plaintiff], ) Case No. ______________________
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Plaintiff, )
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vs. )
15 ) DECLARATION OF DEFENDANT IN
16 [Name of Defendant(s), ) SUPPORT OF MOTION TO QUASH
17 Defendant(s) ) SERVICE OF SUMMONS
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)
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)
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I, [NAME OF DEFENDANT(S)], Defendant, hereby declare:
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 I am the named Defendant(s) in this matter and reside at [Street Address, City, State, Zip Code],
2 which premises is the subject of 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 the truth of the facts as
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stated herein.
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The summons filed by the Plaintiff shows that I was not personally served of it. I was never
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personally served with the summons and complaint for Plaintiff’s lawsuit. [State the circumstance
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how the summons and complaint was served via post and mail. Example, “On 20 November 2020,
7 when I got home, there were some legal documents posted at the outside wall by my front door.
8 Further, I have never received a copy of the summons and complaint in this case by mail.”]
9 Except as described above, I have no knowledge of the delivery to me of the summons and
10 complaint in this case, via personal service or mail. I was not intentionally trying to avoid service as I
11 had no knowledge that anyone was attempting to serve me and at all times I could have been reached
for personal service at my residence.
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There is no affidavit or proof of service filed by the Plaintiff, thus, no indication whether
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personal service was even attempted to by the Plaintiff, nor a copy of the summons and complaint
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was even mailed.
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I respectfully request that the Court grant my motion to quash service of the summons and
16 complaint.
17 I declare under penalty of perjury under the laws of the State of California, that the foregoing
18 is true and correct and that this Declaration was executed.
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Dated: __________________ [NAME OF DEFENDANT(S)]
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Specially Appearing Defendant, Pro Per
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS
1 PROOF OF SERVICE
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I am over the age of 18 and not a party to this action.
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I am a resident of or employed in the county where the mailing occurred; my
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business/residence address is:
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[Street Address, City, State, Zip Code]
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On [Date] I served the foregoing document(s) described as: NOTICE OF MOTION TO
8 QUASH SERVICE OF SUMMONS, MEMORANDUM OF POINTS AND AUTHORITIES IN
9 SUPPORT OF \MOTION TO QUASH SERVICE OF SUMMONS, and DECLARATION OF
10 DEFENDANT IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS, to the
11 following party/ies:
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[Name of Plaintiff / Attorney on Record for the Plaintiff; Street Address, City, State, Zip
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Code]
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15 [ ] (By U.S. Mail) I deposited such envelope in the mail at ______________, California with
postage thereon fully prepaid. I am aware that on motion of the party served, service is
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presumed in valid in postal cancellation date or postage meter date is more than one day
17 after date of deposit for mailing in affidavit.
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[ ] (By Personal Service) I caused such envelope to be delivered by hand via messenger
19 service to the address above;
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[ ] (By Facsimile) I served a true and correct copy by facsimile during regular business hours
21 to the number(s) listed above. Said transmission was reported complete and without error.
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I declare under penalty of perjury under the laws of the State of California that the foregoing
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is true and correct.
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NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS; MEMORANDUM OF POINTS AND AUTHORITIES
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IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS; DECLARATION OF DEFENDANT IN
SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS