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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:
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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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NOTICE OF MOTION AND MOTION TO QUASH SERVICE
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MEMORANDUM OF POINTS AND AUTHORITIES
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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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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