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James Alan Bush 2967 Sherbrooke Way San Jose, California 95127 (408) 569-1634 Defendant in pro per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA SAN JOSE DIVISION

Yvonne Ly, et al., Plaintiffs, v. James Alan Bush, Defendant.

Case No. DEFENDANT’S NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS HEARING: DEPT: JUDGE: DATE: ______________________________ ______________________________ ______________________________ ______________________________

TO THE PLAINTIFFS AND THEIR ATTORNEY OF RECORD: Please take notice that on _ _ _ _ _ _ _ _ _ , at _ _ _ _ _ _ , or soon thereafter as a matter can heard, in Department _ _ _ _ of the above court, located at 191 North First Street, in San Jose, Defendant James Alan Bush will specially appear and move for an order from the court to quash service of summons in this action. GROUNDS FOR MOTION This motion is made on the ground that the court lacks jurisdiction over the defendant, in that proper notice of the termination of tenancy was not given; and, because strict compliance with the specifically prescribed notice NOTICE PAGE 1 OF 2

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conditions is a condition precedent to bringing an unlawful detainer, lack of compliance with the jurisdictional prerequisites is properly tested by a motion to quash [Parsons v. Superior Court (2007) 149 CA4th Supp 1, 58 CR3d 48 (a motion to quash is the only method to test whether the complaint states a cause of action for unlawful detainer when the pleading defect affects personal jurisdiction)]. RELIEF REQUESTED Defendant respectfully requests that the court grant his motion because an improper notice of termination was used, which constitutes a fatal defect in the complaint, and otherwise makes improper a service of summons that gives only five days to respond. SUPPORTING PAPERS This motion is based on this notice; all pleadings, papers, and records on file in this action; matters of which the court takes judicial notice; the accompanying supporting memorandum and declaration of the defendant; and, on such evidence as may be presented at the hearing. Dated: March 18th, 2013

Respectfully submitted,

James Alan Bush Defendant in pro per

NOTICE

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