Legal Question in Civil Litigation in California

If a Defendant (a Company) files a Motion To Quash Service of Summon & Complaint (in Unlimited, Superior Court) because they claim "they're not properly served", but had previously tried to negotiate with Plaintiff by offering settlement offers to Plaintiff & also signed a Tolling Agreement with Plaintiff, BEFORE the lawsuit was filed, wouldn't those pre-litigation acts constitute defendant's waiver of objection to jurisdiction, and would moot their Motion To Quash Service of Summons & Complaint? Wouldn't that constitute a General Appearance (and not "special appearance") by them, because they had actual notice of the lawsuit-to-be, prior to the filing of lawsuit?


Asked on 1/21/15, 11:18 am

1 Answer from Attorneys

No. There is no exception to the formalities of proper service of process. Without compliance with the requirements of proper service the court has no jurisdiction over the defendant.

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Answered on 1/21/15, 4:48 pm


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