1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION TO QUASH SERVICE
) OF SUMMONS; MEMORANDUM OF POINTS
13 vs. ) AND AUTHORITIES; DECLARATION OF
) __________
14 Any Defendants, and DOES 1-5, inclusive, )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
17 )
)
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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS
 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 Plaintiff, _____________________________________ herein submits its Opposition to
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Defendants ________________________ motion to quash service of summons on the grounds that:
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1. The motion to quash is clearly filed in bad faith as a delaying tactic in that it is not
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timely calendared in that the hearing does not comply with Code of Civil Procedure 418.10(b)

9 which states The notice shall designate, as the time for making the motion, a date not more than 30

10 days after filing of the notice, the notice of motion was filed by Defendant on __________, which
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date is a date ___ days after the notice was filed, thereby violating Plaintiff's right to a timely hearing.
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2. Defendant has received actual notice of the above-entitled case in that Defendant has
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had numerous communications with the Plaintiff in which they have acknowledged receipt of the
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15 summons and complaint; have made entered into settlement negotiations and made offers to settle,

16 and Defendant has requested and received two extensions to answer the complaint, all without ever
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reserving the right to challenge service, all prior to filing the frivolous, unsupported motion on
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______________.
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3. Defendant was properly served on ________ by a Registered Process Server as shown
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21 by the proof of service filed on ________ and attached as Exhibit 1 to the declaration of

22 _____________. Said proof of service complies with all statutory standards and this creates a
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rebuttable presumption that service was proper.
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The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
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27 records of this action, and on such other oral and/or documentary evidence as may be presented at the

28 hearing on the Motion.

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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS
 1

2 Dated________________ _______________________________________________
3 ANY ATTORNEY OR PARTY

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Be sure to modify these paragraphs to suit your individual
6
situation. Do NOT just use the wording here unless it definitely applies
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8 to your particular situation. Remember that YOUR OPPOSITION

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MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
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11 BEFORE THE HEARING. Court days means Monday through

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13
Friday, except for Court holidays. You should serve your opposition by
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personal delivery or overnight mail. See Code of Civil Procedure
15

16 Section 1005 for more details.

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To purchase the entire 12 page document visit:
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19 https://legaldocspro.myshopify.com/products/sample-opposition-to-
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21
motion-to-quash-service-in-california
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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS
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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS