1 Paul Cannady and Kimberley Cannady

25840 Parsley Ave

2 Moreno Valley, CA. 92553
951-300-8166
3 Appearing Defendant, In Pro Per

7 Superior Court of the State of California

8 For the County of <Riverside>

10 Diane Marie Cannady, AS trustee of the Diane ) Case No. UDMV2401097

)
11 Marie Cannady Revocable Living Trust ) NOTICE OF MOTION AND MOTION TO QUASH
) SERVICE OF SUMMONS & COMPLAINT
12 Plaintiff, )
)
13 VS . )
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14 Paul Cannady and Kimberley Cannady )
)
15 Defendant )
)
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17 TO PLAINTIFF, DIANE MARIE CANNADY AS TRUSTEE OF THE DIANE MARIE

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CANNADY REVOCABLE LIVING TRUST AND HER ATTORNEY STEVEN D.
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SILVERSTEIN.
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I Paul Cannady, of Moreno Valley, in Riverside County, CA received a Clerks Notice of

22 Unlawful Detainer via mail on 7/24/24. On 7/28/24 The Summons Eviction was stapled to my house,

23 one copy by the front door and a second copy by the garage.
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I believe that a reasonable number of attempts are required to be made before the court will
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authorize a posting order. It is custom that at least 3 different attempts be made on three different
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days before the Plaintiff can apply to the court for a posting order. The posting order allows the party
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE
1 in litigation to provide notice by affixing the Summons and Complaint to the front door of the

2 residence along with a mailing. I have not received a mailing and according to the Court Clerk the
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The processs server claims to have made and attempts (according to the Clerk in the Moreno Valley
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Courthouse 8/1/2024) on 7/25/24, 7/27/24 and 7/28/24 when the summons was actually posted.
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My wife, Kimberley Cannady, is employed by San Bernardino County, and works from home
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7 every other Thursday. On Thursday 7/25/24, she was working from home (schedule can be

8 furnished) and no attempt to serve the Summons was made as not only was she home, but our
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children were home as well. Additionally, our neighbor’s security camera footage shows no attempts
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by any person were made to serve the summons. Security camera footage is available upon request.
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On Saturday, 7/27/24, I was home all day and no attempt was made to serve the Summons-Eviction.
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13 Security camera footage is available upon request for this day as well.

14 This motion is made under Section 418.10 of the Code of Civil Procedure on the that the
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summons and complaint were not properly served on defendant in that, DEFENDANTS – Paul
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Cannady and Kimberley Cannady were not personally served with the summons and complaint,
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instead they were stapled to the home by the front door and by the garage despite the fact that the
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19 Process Server made no additional attempts which would be required in order to request a posting

20 order from the courts by the plaintiff and if indeed granted by the courts should be rendered invalid.
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Therefore, the purported service on Defendant was not valid and should be quashed.
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This motion will be based on this notice of motion and the Declaration of DEFENDANTS –
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Paul Cannady and Kimberley Cannady, the pleadings, documents, records and files in this action, and
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25 such oral and documentary evidence as may be presented at the hearing.

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Dated: ________________ __________________________________________
27 Specially Appearing Defendant
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE
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19 MEMORANDUM OF POINTS AND AUTHORITIES

20 I.
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STATEMENT OF FACTSth1
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On July 17th, 2024 the Plaintiff, filed their complaint against the specially appearing
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Defendant, DEFENDANT - ENTER YOUR NAME, (“Defendant”).
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25 The summons filed by Plaintiff shows that Defendant was NOT personally served with the

26 summons and complaint. Defendant denies being personally served and alleges that she had no
27 knowledge of the summons and complaint, nor that anyone was attempting to serve her until ENTER
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1 DATE YOU BECAME AWARE when <ENTER DETAILS OF HOW YOU BECAME AWARE–

2 HERE IS AN EXAMPLE: she opened her front door and noticed the summons and complaint was in
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between her front door screen and front door>.
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Plaintiff did not request, nor did they obtain an order from this Court to allow posting of the
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summons and complaint as required by law before a summons and complaint may be served by
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7 posting.

8 Defendant contends that the service on her was improper and the Court should quash the
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purported service on her.
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II.
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LEGAL ARGUMENT
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13 A. THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT IS

14 NOT VALID AND SHOULD BE QUASHED

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Code of Civil Procedure § 418.10 states in part:
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“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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19 following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the

20 court over him or her”.

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Code of Civil Procedure § 415.10 states in part:
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“A summons may be served by personal delivery of a copy of the summons and of the
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complaint to the person to be served. Service of a summons in this manner is deemed complete at the
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25 time of such delivery.”

26 As shown by the summons, DEFENDANT - ENTER YOUR NAME was not personally
27 served. Therefore, the purported service of the summons and complaint was not valid.
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1 Further, the posting of the summons and complaint by dropping it between her screen and

2 front door was not valid as Code of Civil Procedure § 415.45 states that,
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“(a) A summons in an action for unlawful detainer of real property may be served by posting
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if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party
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to be served cannot with reasonable diligence be served in any manner specified in this article other
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7 than publication and that: (1) A cause of action exists against the party upon whom service is to be

8 made or he is a necessary or proper party to the action; or (2) The party to be served has or claims an
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interest in real property in this state that is subject to the jurisdiction of the court or the relief
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demanded in the action consists wholly or in part in excluding such party from any interest in such
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property. (b) The court shall order the summons to be posted on the premises in a manner most likely
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13 to give actual notice to the party to be served and direct that a copy of the summons and of the

14 complaint be forthwith mailed by certified mail to such party at his last known address. (c) Service of
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summons in this manner is deemed complete on the 10th day after posting and mailing. (d)
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Notwithstanding an order for posting of the summons, a summons may be served in any other manner
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authorized by this article, except publication, in which event such service shall supersede any posted
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19 summons”.

20 Because Plaintiff did not request, nor did they obtain an order from this Court to allow
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posting of the summons and complaint, the posting of the summons and complaint by dropping it
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between the screen and front door did not constitute valid service and should be quashed.
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And the fact that Defendant received the summons and complaint does not preclude a motion
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25 to quash due to the fact that Plaintiff did not serve the summons and complaint in a statutorily

26 authorized manner.
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1 Even when the defendant tenants (and/or subtenants) actually received summons and

2 complaint and otherwise have actual notice of the lawsuit, a motion to quash will lie if process was
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not served in a statutorily-authorized manner. Schering Corp. v. [Link]. (Ingraham) (1975) 52 Cal.
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App. 3d 737, 741.
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B. THE PLAINTIFF HAS THE BURDEN OF SHOWING THAT THE
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7 PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT ON

8 DEFENDANT IS VALID
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Case law is clear that once a defendant files a motion to quash service that the plaintiff has the
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burden of proving that the service was valid.
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Once a defendant files a motion to quash the burden is on the plaintiff to prove by a
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13 preponderance of the evidence the validity of the service and the court's jurisdiction over the

14 defendant. Bolkiah v. Superior Court (1999) 74 [Link].4th 984, 991.

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And a defendant is under no duty to respond to a defectively served summons and may stand
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mute until a plaintiff makes a showing of the validity of the service to the satisfaction of the court.
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Taylor-Rush v. Multitech Corp. (1990) 217 [Link].3d 103, 111.
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19 Thus, Plaintiff now has the burden of showing that the purported service of the summons and

20 complaint on Defendant DEFENDANT - ENTER YOUR NAME is valid.

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III.
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CONCLUSION
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Based on the above, it is requested that defendant’s motion to quash service of the summons
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25 and complaint be granted.

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27 Dated: ________________ __________________________________________

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Specially Appearing Defendant

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1

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16 DECLARATION OF

17 I, DEFENDANT - ENTER YOUR NAME declare as follows.

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1. I am over the age of 18 years and am a party to this action. I have personal
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knowledge of the facts stated in this declaration, and if called as a witness, could and would testify
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competently to the truth of the facts as stated herein.
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22 2. The summons filed by Plaintiff shows that I was NOT personally served. I was never

23 personally served with the summons and complaint for Plaintiffs lawsuit. When <ENTER
24 DETAILS OF HOW YOU BECAME AWARE: this is an example: I opened my front
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door on December 10, 2010, there was a summons and complaint lying in between my front door
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screen and front door>.
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3. At no time was personal service on defendant <YOUR NAME> ever attempted

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1 by Plaintiffs.

2 3. I was not intentionally trying to avoid service as I had no knowledge that anyone
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was attempting to serve me and at all times I could have been reached for personal service at my
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residence.
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4. I respectfully request that the Court grant my motion to quash service of the
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7 summons and complaint.

8 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 and that this Declaration was executed on <ENTER DATE YOU ARE
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SIGNING> at ______________________________, California.
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__________________________________________
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DEFENDANT - ENTER YOUR NAME, Defendant
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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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19 I am a resident of or employed in the county where the mailing occurred; my

20 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.

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On 12/15/2010, I served the foregoing document(s) described as:
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND
23 COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF
DEFENDANT - ENTER YOUR NAME to the following parties:
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25 <ENTER PLAINTIFF ATTORNEY NAME, FIRM NAME, ADDRESS, PHONE>

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1 [ ] (By U.S. Mail) I deposited such envelope in the mail at
_____________________________________________________________________
2 with postage thereon fully prepaid. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is more
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than one day 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
5 service to the address above;
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[ ] (By Facsimile) I served a true and correct copy by facsimile during regular business hours
7 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
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10 foregoing is true and correct.

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DATED: ________________
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13 ____________________________________
NAME OF PERSON MAILING PAPERS
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