When Is a Motion to Quash Service Due in California?
Not legal advice. Rules checked against the code on August 20, 2026. Verify every date yourself. Read the full disclaimer
Core CCP rules were checked against Westlaw (via CoCounsel legal research) on August 20, 2026. County local rules are paraphrased summaries; individual department standing orders are NOT included. Verify every date against the operative code sections and your court’s rules before relying on it. Using this site creates no attorney-client relationship.
30 calendar days from service of the summons, extended by the method of service. CCP § 418.10(a)
What catches people out: The deadline is your last day to plead, so it moves with the method of service, 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.
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.
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.
Critically, 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.
- 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 timely writ petition under subdivision (c) extends the time to plead further, until 10 days after written notice of the final judgment in the mandate proceeding.
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 pushes the moving papers to 18 court days. 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 service of the summons, under CCP § 418.10(a). 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?
Yes. Service extensions apply to this period, so the date moves depending on whether the triggering papers went out personally, by mail, by overnight delivery or electronically. The calculator applies the right one once you pick the method.
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, so it moves with the method of service, 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 August 17, 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 current as of August 20, 2026 · CCP amendments through January 1, 2025 · engine v1.0.0