What is the proper procedure for a motion to quash service of summons?

California, United States of America


The following excerpt is from Stancil v. Superior Court of San Mateo Cnty., 11 Cal.5th 381, 278 Cal.Rptr.3d 27, 485 P.3d 446 (Cal. 2021):

and filing deadlines.2 ( Larson v. City and County of San Francisco (2011) 192 Cal.App.4th 1263, 1297, 123 Cal.Rptr.3d 40 ; Kwok v. Bergren (1982) 130 Cal.App.3d 596, 599600, 181 Cal.Rptr. 795 ( Kwok ).) As particularly relevant here, within five days of service of the complaint and summons, the defendant must respond to the complaint with an answer, motion to quash service of summons for lack of jurisdiction, motion to stay

[485 P.3d 452]

or dismiss the action for inconvenient forum, motion to dismiss, or demurrer. ( 1167, 1167.3, 1167.4, 418.10, 1170.)

Stancil asserts a motion to quash service of summons is the proper procedure

[278 Cal.Rptr.3d 34]

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