1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Specially Appearing Defendant

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8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO QUASH
) SERVICE; MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES; DECLARATION OF __________
)
14 Any Defendant, and DOES 1-5 ) DATE:
) TIME:
15 Defendants. ) DEPT:
)
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To subscribe to my FREE weekly legal newsletter visit
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20 http://www.legaldocspro.net/newsletter.htm and enter your e-mail
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address. Be sure to remove this notice and all other notices before
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23 using this document.
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TO PLAINTIFF, _____________________________________________ AND THEIR
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ATTORNEYS OF RECORD:
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27 PLEASE TAKE NOTICE that on _________________, at ___________M., or as soon after

28 that as the matter can be heard, in Department _____ of the above-entitled court located at

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NOTICE OF MOTION AND MOTION TO QUASH SERVICE
1 _______________________________________________________, specially appearing defendant,
2 ___________________________ will appear specially and move the Court for an order quashing
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plaintiff’s purported service of summons and complaint on defendant. This motion is made under
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Code of Civil Procedure § 418.10 on the grounds that as defendant is not a resident of California that
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the court lacks jurisdiction over them.

7 Therefore the purported service on Defendant was not valid and should be quashed.

8 This motion will be based on this notice of motion, the memorandum of points and
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authorities; the Declaration of ____________________, the pleadings, documents, records and files
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in this action, and such oral and documentary evidence as may be presented at the hearing.
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Dated: ________________ __________________________________________
13 Any Attorney or Specially Appearing Defendant

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NOTICE OF MOTION AND MOTION TO QUASH SERVICE
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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On ______________, Plaintiff, (“Plaintiff”) filed their complaint against the specially
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appearing Defendant, ____________________________________________, (“Defendant”).

7 Defendant is not a resident of California, does not own any property in California, and

8 has had only minimal contact with the State of California since moving out of California over ____
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years ago.
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Defendant contends that as they are not a resident of California, the California courts lack
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jurisdiction over them and the Court should quash the purported service on them.
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13 You need to state the facts that pertain to your particular
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situation. Do NOT just use the wording here unless it fits your
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particular situation.
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II.
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19 LEGAL ARGUMENT

20 A. THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT IS
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NOT VALID AND SHOULD BE QUASHED AS DEFENDANT IS NOT A
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RESIDENT OF CALIFORNIA, THEREFORE THE COURT LACKS
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JURISDICTION OVER THEM
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25 Code of Civil Procedure § 418.10 states in part:

26 “A defendant, on or before the last day of his or her time to plead or within any further time
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that the court may for good cause allow, may serve and file a notice of motion for one or more of the
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE
1 following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the
2 court over him or her”.
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As shown by the declaration of _________________, they are not a resident of California,
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do not own any property in California, and has had only minimal contact with the State of California
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since moving out of California over ___ years ago.

7 To purchase the entire document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-to-quash-
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service-for-lack-of-jurisdiction-for-caliifornia
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE

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