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Motion to vacate judgment and quash service for California

A motion to vacate a default judgment and quash service in California is the topic of this blog post. California law allows a motion to vacate a judgment and a motion to quash service to be joined without constituting a general appearance.

Code of Civil Procedure section 418.10(d) states that, “No default may be entered against the defendant before expiration of his or her time to plead, and no motion under this section, or under Section 473 or 473.5 when joined with a motion under this section, or application to the court or stipulation of the parties for an extension of the time to plead, shall be deemed a general appearance by the defendant.”

A California Court of Appeal has stated that section 418.10 entitles a defendant to move to quash service of summons on the ground of lack of jurisdiction and to join a motion under section 473 without constituting a general appearance.

This procedure can be used in any litigation case in California and is very advantageous in the right case as having both motions joined and heard at the same time avoids the time and expense of preparing separate motions. It also conserves judicial resources.

Two California Court of Appeals decisions have held that Code of Civil Procedure section 473(d) authorizes a court to set aside a judgment due to improper service such as when the summons and complaint were not properly served.

Attorneys or parties in the State of California who would like to view a portion of an 11 page sample motion to vacate judgment and quash service containing brief instructions, a sample declaration, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail that is sold by the author can see below.

 

Attorneys or parties in California that would like more information on a California law and motion litigation document package containing over 55 sample documents including sample motion to vacate judgment and quash service can use the link shown below.

California law and motion litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

Subscribe to his weekly newsletter with legal tips and tricks for California and Federal litigation by visiting:  http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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