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When filing a Motion to Quash Service of Summons, how many days of notice is needed from the filing date?

Los Angeles, CA |
Filed under: Litigation

The court is in Superior Court of Los Angeles, Downey District. Motions for UD is heard every Thursday. The clerk is not helpful in determining the date of hearing.

Is it same for a Unlawful Detainer: Motion to Quash Service of Summons? Is it not less days for a Unlawful Detainer?

Attorney Answers 3


In California, motions in the superior court generally must be served and filed at least 16 court days before hearing, with an additional 5 days’ notice given if served by mail within California, an additional 10 days’ notice if served outside of California, an additional 20 days’ notice if served outside the United States, or an additional 2 calendar days’ notice if served by facsimile or express mail. (Code of Civil Procedure, §1005(b).)

Oppositions (papers opposing a motion) are due 9 calendar days before the hearing. Replies (replying to an opposition) are due 5 calendar days prior to the hearing. Both Oppositions and Replies must be served so that delivery is ensured to be made to the other parties no later than the close of the next business day. (Code of Civil Procedure §1005(c).) Typically, this means by personal delivery, fax or overnight/express mail.

Proof of service of the moving papers must be filed no later than 5 court days before the hearing. (Cal. Rules of Court, Rule 3.1300(c).)

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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16 Court days, plus 5 days for mailing is normal requirement for notice of a motion.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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It sounds like the question may be referring to Motions to Quash in an UD case. If that is the case, the deadlines are different.

A Motion to Quash must be filed within 5 days of service of the UD complaint. The motion will be set for hearing 3 to 7 days after it is filed. Remember that CCP 1013 applies.

Written oppositions must be timely filed and served on or before the date of the hearing. You can also make oral oppositions and replies at the hearing.

Jason J.L. Yang, Esq. is admitted to practice law in California and therefore, all posts are based on California law. The posts do not constitute legal advice and does not create an attorney/client relationship.

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hi can you tell me what happens if the clerk set date for august 7 and i filed motion to quash today. she told us a motion can be set within 45 days was that wrong. if so what happens now we have served the motion to the other party and the court date is set. thanks

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