When Is a Motion to Quash Service Due in California?
Not legal advice. Rules attested September 29, 2026; last full pass August 17, 2026. Verify every date yourself. Read the full disclaimer
Each verified rule carries its own date on the methodology page, all of them September 29, 2026: the date the maintaining attorney last attested it. The last full pass, signed off on August 17, 2026, checked the rules against their official sources (the code, the California Rules of Court, or for court holidays the Judicial Council calendar), with the exceptions listed on the about page. Rules still awaiting sign-off are listed on the methodology page as not yet verified. County local rules are paraphrased summaries. Individual department and judge standing orders are included only where the court publishes them and we have read the document, so assume your own department has requirements beyond what you see here. Verify every date against the operative code sections, your court's rules and your department's own order before relying on it. Using this site creates no attorney-client relationship.
30 calendar days from completion of service of the summons, with no extra days for mail or electronic service. CCP § 418.10(a)
What catches people out: The deadline is your last day to plead. How the summons was served changes when service was complete, but mail adds no extra days, and filing the motion is not a general appearance.
Section 418.10(a) allows a defendant to move to quash service of summons on or before the last day of his or her time to plead. There is no separate period. Whatever your response deadline is, that is the quash deadline, which is why the method of service governs this date as much as it governs the answer. It does so only through the completion rules. When a summons is served by mail, section 413.20 keeps the section 1013 mail extension off every period in Title 5 of the Code of Civil Procedure, and section 418.10 is in Title 5.
Filing the notice of motion buys real time. It extends the time to plead until 15 days after service of written notice of entry of an order denying the motion, and for good cause the court may extend that by up to 20 additional days. So a defendant with a genuine jurisdictional objection is not forced to answer while the objection is pending. If the motion is denied and you petition for a writ of mandate, the time to plead is extended only if you also serve and file a notice in the trial court that you have petitioned, on or before the last day to plead.
The notice must designate a hearing date not more than 30 days after filing, and it is served on the ordinary section 1005(b) schedule.
None of this waives the objection. Neither the motion, nor a joined motion under section 473 or 473.5, nor an application or stipulation extending the time to plead, is a general appearance. That is the provision that makes the motion safe to bring.
What the statute does not say on its face
- A motion to quash must be served and filed "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." (Code Civ. Proc., § 418.10, subd. (a).) The 30-day default comes from the time to plead, not from § 418.10 itself, so any extension of the time to respond moves this deadline with it.
- NO MAIL OR ELECTRONIC-SERVICE EXTENSION. "If a summons is served by mail pursuant to this chapter, the provisions of Section 1013 that extend the time for exercising a right or doing an act shall not extend any time specified in this title." (Code Civ. Proc., § 413.20.) Section 418.10 is in that title, and § 1016 separately takes service of a summons outside §§ 1010.6 and 1013. The method of service still moves the date, because service is complete on different days: on delivery for personal service, on the 10th day after the mailing for substituted service or mail outside California, on the day the acknowledgment is signed for notice and acknowledgment (§§ 415.10, 415.20, 415.30(c), 415.40).
- Code Civ. Proc., § 418.10, subd. (e): filing other specified papers simultaneously does not constitute an appearance unless the motion is denied, and failure to move to quash when filing a demurrer or motion to strike waives the jurisdictional objection.
- Serving and filing the motion extends the time to plead: it runs "until 15 days after service upon him or her of a written notice of entry of an order denying his or her motion, except that for good cause shown the court may extend the defendant's time to plead for an additional period not exceeding 20 days." (Code Civ. Proc., § 418.10, subd. (b).) Subdivision (d) bars entry of default before the time to plead expires.
- A writ petition after denial extends the time to plead only if the defendant also "serves upon the adverse party and files with the trial court a notice that he or she has petitioned for a writ of mandate," and does so "on or before the last day of the defendant's time to plead." Filing the petition alone does not extend it. The notice extends the time to plead "until 10 days after service upon him or her of a written notice of the final judgment in the mandate proceeding," and the trial court may add up to 20 days for good cause. (Code Civ. Proc., § 418.10, subd. (c).) The petition itself is due before pleading and within 10 days after service of written notice of entry of the order denying the motion, or within any further time, not exceeding 20 days, the trial court allows for good cause. (Ibid.)
- In unlawful detainer the time to plead is 10 days excluding weekends and judicial holidays under § 1167, not 30. The response-to-complaint calculator has that track.
Then the hearing clock starts
Filing on time is half of it. The hearing itself runs on CCP § 1005(b): 16 court days of notice before the hearing, opposition 9 court days before, reply 5 court days before. Electronic service made through December 31, 2026 pushes the moving papers to 18 court days; from January 1, 2027 it adds nothing. All of it counts backward across weekends and California court holidays, which is where most miscounts happen. The civil motion deadline calculator does both halves at once.
Common questions
How long do you have to file a motion to quash service of summons in California?
30 calendar days from completion of service of the summons, under CCP § 418.10(a) and CCP § 412.20(a)(3). Calendar days count weekends and holidays; if the last day lands on one, the deadline rolls to the next court day.
Does the method of service extend the motion to quash service of summons deadline?
No. The motion is due on the last day to plead, and that period takes no mail or electronic-service extension: section 413.20 bars the section 1013 extensions from it where the summons was mailed, and section 1016 takes service of a summons outside sections 1010.6 and 1013. The method still matters, because service is complete on different days: on delivery for personal service, on the 10th day after the mailing for substituted service or mail outside California, and on the day the acknowledgment is signed for notice and acknowledgment.
Can the motion to quash service of summons deadline be extended?
The court may allow further time for good cause (§ 418.10(a)), and any extension of the time to plead moves this deadline with it.
When are the opposition and reply due on a motion to quash service of summons?
Opposition is due 9 court days before the hearing and the reply 5 court days before, under Code of Civil Procedure section 1005(b). Both are court days and both count backward from the hearing across weekends and California court holidays.
What catches people out on the motion to quash service of summons deadline?
The deadline is your last day to plead. How the summons was served changes when service was complete, but mail adds no extra days, and filing the motion is not a general appearance.
Other motion deadlines
DemurrerAnti-SLAPP special motion to strikeMotion to strikeMotion to compel further responsesMotion for reconsiderationMotion for new trialMotion for judgment notwithstanding the verdict
This deadline was verified against the code on September 29, 2026. Every figure on this page is read from the same rules engine the calculators use, so it cannot disagree with them. See methodology.
Related: Civil motion deadlines · Response to a complaint · California court holidays · How these rules were verified · Keep this date with the case
Rules verified September 29, 2026 · CCP amendments through January 1, 2026, and AB 540 (Stats. 2026, ch. 263) from January 1, 2027 · engine v1.3.0