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JERRY WOODS

312 S JEFFERSON STREET #31D PLACENTIA, CA 92870

Defendant in Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

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JERRY WOODS

V.

Plaintiff ,

GOLDENWEST CAPITAL LLC,

CASE NO:

NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS, SUPPORTING MEMORANDUM DECLARATIONS

DATE:

TIME:

DEPT:

Defendant.

TO EACH PARTY AND ATTORNEY OF RECORD:

PLEASE TAKE NOTICE that on October

, 2010 at

AM or as soon thereafter

as the matter can be heard in Department

Angeles, CA 90012, Defendant, DERL G. BROWN II, will specifically appear and move for

an order from the Court to quash service of summons in this action.

of the above Court, located 110 N. Grand Los

This Motion is made on the grounds that the Court lacks jurisdiction over defendant in

that defendant has not been properly served with summons as demonstrated in the attached

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-COMPLAINT TO SET ASIDE TRUSTEE SALE-

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declarations, which makes improper a service of summons that gives only five (5) days to

respond.

DATED: October 7, 2010

DERL G. BROWN II, Defendant in pro per

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-COMPLAINT TO SET ASIDE TRUSTEE SALE-

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MEMORANDUM IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS

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A MOTION TO QUASH IS AUTHORIZED WHEN A DEFENDANT HAS NOT BEEN

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PROPERLY SERVED WITH THE SUMMONS AND COMPLAINT.

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California CCP 1167.4, in conjunction with CCP 418.10 gives authority for a motion to

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quash in unlawful detainer proceedings. Absent proper service of summons, the Court has no

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jurisdiction over a party who does not voluntarily appear.

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See also CCP 415.45, 410.50.

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JURISDICTION IS REQUIRED FOR AN ENFORCEMENT JUDGMENT

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A judgment entered without jurisdiction over the party subject to that judgment is void.

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Sternbeck v. Buck (1957) 148 CA 2d 829,307 P2d 970. Service of summons is a jurisdictional

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requirement, without which the Court has no jurisdiction in the action. Chaplin v. Superior

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Court (1927) 81 CAA367, 253 P 954; CCP 1917. In an unlawful detainer action, it is of

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particular importance that proper service of summons be achieved.

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Defective service of summons is not service and confers no jurisdiction over the party.

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Smith v. Jones (1917)174 C 513,163 P 890; Sternbeck v. Buck (1957)148 CA 2d 829, 307, P2d

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970. Mere knowledge of the action, absent voluntary appearance by the party, is not sufficient

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for the court to assert its jurisdiction over the party. Coulston v. Cooper (1966) 245 CA2d 866,

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54 CR 302; Varra v. Superior Court (1960) 181 CA 2d 12, 4 CR 920. See 415.10-415.50.

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California CCP 415.10-415.50 govern the methods by which a summons and complaint

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may be served on a defendant in an unlawful detainer action. They include personal delivery to

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the Defendant (CCP 415.10); substituted service by personal delivery to home or business, in the

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presence of or to the appropriate person there, and thereafter mailing (CCP 415.20); and posting

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and mailing under court order (CCP 415.45).

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-COMPLAINT TO SET ASIDE TRUSTEE SALE-

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PROPER SERVICE IN THIS MATTER HAS NOT BEEN ACHIEVED

As can be seen from the Declaration of Defendant, DERL G. BROWN II, attached to

this motion, no personal, substituted, or "nail and mail" service has been achieved on Defendant.

WHEREFORE, AND FOR ALL OF THE ABOVE REASONS, Defendant prays that

the court grant this motion and order service of summons quashed.

Respectfully submitted.

DATED: October 7, 2010

DERL G. BROWN II, Defendant in pro per

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-COMPLAINT TO SET ASIDE TRUSTEE SALE-

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DECLARATION OF DEFENDANT, DERL G. BROWN II, IN

SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS

I, DERL G. BROWN II, hereby declare:

I am named as a defendant in this matter and reside at 154 W. 127th Street, Los Angeles, Ca.,

which premises is the subject of this action. I have never been personally served with a

copy of the summons and complaint in this case. I am informed and believe that on or about

October 7, 2010, someone dropped some legal documents onto my front porch. I have never

received a copy of the summons and complaint in this case through the mail.

Except as described above, I have no knowledge of the delivery to me of the summons

and complaint in this case.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

DATED: October 7, 2010

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DERL G. BROWN II, Defendant in pro per

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-COMPLAINT TO SET ASIDE TRUSTEE SALE-