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1 Any Attorney or Defendant

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Specially Appearing Defendant

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


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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:
)
16 )
)
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address.
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23 To view and purchase my California eviction document collection


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containing over 30 sample documents including this sample motion to
25

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NOTICE OF MOTION AND MOTION TO QUASH SERVICE
1 Be sure to remove this notice and all other notices before
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using this document.
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TO PLAINTIFF, _____________________________________________ AND THEIR
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6 ATTORNEYS OF RECORD:

7 PLEASE TAKE NOTICE that on _________________, at ___________M., or as soon after


8 that as the matter can be heard, in Department _____ of the above-entitled court located at
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_______________________________________________________, specially appearing defendant,
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___________________________ will appear specially and move the Court for an order quashing
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plaintiffs purported service of summons and complaint on defendant. This motion is made under

13 Code of Civil Procedure 418.10 on the grounds that the summons and complaint were not properly

14 served on defendant in that Defendant, ____________________ was not personally served with the
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summons and complaint, instead they were posted on their front door despite the fact that no order to
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post had been requested by plaintiff, nor granted by the Court. Therefore the purported service on
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Defendant was not valid and should be quashed.
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19 This motion will be based on this notice of motion, the memorandum of points and

20 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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23 Dated: ________________ __________________________________________


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

3 I.

4 STATEMENT OF FACTS
5 On ______________, Plaintiff, (Plaintiff) filed their complaint against the specially
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appearing Defendant, ____________________________________________, (Defendant).
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The proof of service filed by Plaintiff alleges that Defendant was personally served on
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____________________with the summons and complaint. Defendant denies being personally served

10 and alleges that she had no knowledge of the summons and complaint, nor that anyone was

11 attempting to serve her until _______________ when they opened their front door and noticed the
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summons and complaint was posted on the 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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16 posting.

17 Defendant contends that the service on them was improper and the Court should quash the
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purported service and require Plaintiff to properly serve them.
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II.
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LEGAL ARGUMENT
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22 A. THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT IS

23 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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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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service-for-california-unlawful-detainer-eviction
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NOTICE OF MOTION AND MOTION TO QUASH SERVICE