1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

5

6

7

8 Superior Court of the State of California

9 For the County of _________________

10

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 )
)
18

19 To subscribe to my FREE weekly legal newsletter visit
20
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
21

22 address.
23
To view over 300 sample legal documents sold by LegalDocsPro
24

25 visit: https://legaldocspro.myshopify.com/products
26

27

28

- 1 -
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
5
Defendants ________________________ motion to quash service of summons on the grounds that:
6
1. The motion to quash is clearly filed in bad faith as a delaying tactic in that it is not
7

8
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
11
date is a date ___ days after the notice was filed, thereby violating Plaintiff's right to a timely hearing.
12
2. Defendant has received actual notice of the above-entitled case in that Defendant has
13
had numerous communications with the Plaintiff in which they have acknowledged receipt of the
14

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
17
reserving the right to challenge service, all prior to filing the frivolous, unsupported motion on
18
______________.
19
3. Defendant was properly served on ________ by a Registered Process Server as shown
20

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
23
rebuttable presumption that service was proper.
24
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
25
Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
26

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.

- 2 -
OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS

1 2 Dated________________ _______________________________________________ 3 ANY ATTORNEY OR PARTY 4 5 Be sure to modify these paragraphs to suit your individual 6 situation.com/products/sample-opposition-to- 20 21 motion-to-quash-service-in-california 22 23 24 25 26 27 28 . Remember that YOUR OPPOSITION 9 MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS 10 11 BEFORE THE HEARING.3 - OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS . Court days means Monday through 12 13 Friday. 17 To purchase the entire 12 page document visit: 18 19 https://legaldocspro. except for Court holidays. See Code of Civil Procedure 15 16 Section 1005 for more details. Do NOT just use the wording here unless it definitely applies 7 8 to your particular situation. You should serve your opposition by 14 personal delivery or overnight mail.myshopify.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .4 - OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS .

Sign up to vote on this title
UsefulNot useful