What is the legal test for a motion to quash service of a summons?

California, United States of America


The following excerpt is from Hollywood Panorama Tower Tenants Ass'n v. Hollywood Panorama Tower, Inc., B231702 (Cal. App. 2012):

Code of Civil Procedure section 418.10, subdivision (a)(1) provides that "A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . [] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her." "Service of summons in conformance with the mode prescribed by statute is deemed jurisdictional. Absent such service, no jurisdiction is acquired by the court in the particular action." (Sternbeck v. Buck (1957) 148 Cal.App.2d 829, 832.) Code of Civil Procedure section 415.20, subdivision (b) provides that "If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, . . . a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, . . . in the presence of a competent member of the household . . . at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left."

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