1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

For the County of _________
9

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiffs, ) OPPOSITION TO MOTION TO QUASH SERVICE
) OF SUMMONS AND REQUEST FOR
13 vs. ) SANCTIONS IN THE AMOUNT OF $______
) UNDER CODE OF CIVIL PROCEDURE 128.5,
Any Defendant, ) 128.7; MEMORANDUM OF POINTS AND
14
) AUTHORITIES; DECLARATION OF ______;
Defendant. ) EXHIBITS
15
)
) DATE:
16
) TIME:
) DEPT:
17 )
)
18 )
)
19

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address.
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Federal litigation visit: http://www.scribd.com/LegalDocsPro
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- 1 -
OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS AND REQUEST FOR SANCTIONS
 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 Plaintiff, __________, herein submits its opposition to the motion to quash service of
5
summons filed by defendant ________, on the grounds that:
6
1. The motion to quash is moot as Plaintiff obtained an order to post on ___________and
7

8
the summons and complaint were posted and mailed at the Subject Property on ____________

9 as shown by the declaration of _________and Exhibits _ and _ respectively, attached thereto,

10 concurrently filed and served herewith and incorporated herein by reference.

11
2. The motion to quash is clearly filed in bad faith as a delaying tactic in that it is not
12
timely calendared as the hearing does not comply with Code of Civil Procedure 1167.4 which states
13
in pertinent part that Notwithstanding any other provision of law, in any action under this chapter:
14

15 (a) Where the defendant files a notice of motion as provided for in subdivision (a) of Section 418.10,

16 the time for making the motion shall be not less than three days nor more than seven days after the
17
filing of the notice yet the hearing date is set for ____, a date which is __ days after the date that the
18
notice of motion was filed with the court thereby violating Plaintiff's right to a timely hearing.
19
Defendant _________ also failed to serve a copy of the motion on counsel for Plaintiffs as shown by
20

21 the declaration of _________ attached hereto and incorporated herein by reference.

22 3. Defendant was properly served by substituted service on ___________, by a

23
Registered Process Server as shown by the proof of service filed on ________ and attached as
24
Exhibit A to the declaration of __________. Said proof of service complies with all statutory
25
standards and this creates a rebuttable presumption that service was proper under the provisions of
26

27 Evidence Code 647.

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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS AND REQUEST FOR SANCTIONS
 1 The opposition shall be based on this opposition, the attached memorandum of points and
2 authorities, the declaration of _________ and Exhibits attached thereto, on the complete files and
3
records of this action, and on such other oral and/or documentary evidence as may be presented at the
4
hearing on the Motion.
5

6 Be sure to modify these paragraphs to suit your individual

7
situation. Do NOT just use the wording here unless it definitely applies
8

9 to your particular situation.

10

11
Dated________________ _______________________________________________
12
ANY ATTORNEY OR PARTY
13

14
You should serve your opposition on the other party by personal
15

16 delivery or express mail and file your opposition with the Court at least
17
one Court day before the hearing. See California Rule of Court
18

19 3.1327(c).
20

21 To purchase the entire 16 page document visit:

22
https://legaldocspro.myshopify.com/products/sample-
23

24
opposition-to-motion-to-quash-service-for-eviction-in-california
25

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OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS AND REQUEST FOR SANCTIONS