This sample opposition to motion to quash service of summons in California designed for use by a Plaintiff who opposes the motion to quash on the grounds that the motion to quash does not comply with the provisions of Code of Civil Procedure section 418.10(b) in that the hearing date is more than 30 days after the filing of the notice of motion, that service of the summons and complaint was made by a Registered Process Server and is entitled to the presumption of proper service under Evidence Code section 647 and that service of the summons and complaint resulted in actual notice of the lawsuit to Defendant in that Defendant had numerous communications with the Plaintiff in which they have acknowledged receipt of the summons and complaint and have made offers to settle. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendants, and DOES 1-5, inclusive,
Defendants.
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Case No.
OPPOSITION TO MOTION TO QUASH SERVICE
OF SUMMONS; MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION OF
__________
DATE:
TIME:
DEPT:
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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS

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1 Plaintiff, _____________________________________ herein submits its Opposition to
Defendants ________________________ motion to quash service of summons on the grounds that:
1. The motion to quash is clearly filed in bad faith as a delaying tactic in that it is not
timely calendared in that the hearing does not comply with Code of Civil Procedure § 418.10(b)
which states “The notice shall designate, as the time for making the motion, a date not more than 30
days after filing of the notice”, the notice of motion was filed by Defendant on __________, which
date is a date ___ days after the notice was filed, thereby violating Plaintiff's right to a timely hearing.
2. Defendant has received actual notice of the above-entitled case in that Defendant has
had numerous communications with the Plaintiff in which they have acknowledged receipt of the
summons and complaint; have made entered into settlement negotiations and made offers to settle,
and Defendant has requested and received two extensions to answer the complaint, all without ever
reserving the right to challenge service, all prior to filing the frivolous, unsupported motion on
______________.
3. Defendant was properly served on ________ by a Registered Process Server as shown
by the proof of service filed on ________ and attached as Exhibit “1” to the declaration of
_____________. Said proof of service complies with all statutory standards and this creates a
rebuttable presumption that service was proper.
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
records of this action, and on such other oral and/or documentary evidence as may be presented at the
hearing on the Motion.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS

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Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that YOUR OPPOSITION
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT
DAYS BEFORE THE HEARING. Court days means Monday through
Friday, except for Court holidays. You should serve your opposition by
personal delivery or overnight mail. See Code of Civil Procedure
Section 1005 for more details.
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/231393703/Sample-Opposition-to-Motion-to-
Quash-Service-in-California
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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS