Defendant Aldo Joseph Lovati has filed a Motion to Quash Service of Summons and Complaint on the basis of Plaintiff Bell Manor, LP’s failure to give notice of its ex parte application for issuance of summons. Bell Manor, LP argues that no notice of the ex parte application was required. This argument is incorrect. Notice of the application is required, both by California Rule of Court, rule 3.1203 and Local Rule 5.6. However, Lovati’s motion to quash is denied as untimely. The summons and amended complaint were served on Lovati on June 9, 2020. Lovati filed his answer on June 15, 2020. He filed the Motion to Quash on July 27, 2020. Code of Civil Procedure section 418.10 requires that a motion to quash be filed within the time to answer. By filing an answer and not filing his Motion to Quash within 5 days of the service of the Summons and Complaint, he has waived his right to file a motion to quash. Defendant’s motion is DENIED.
Trial remains as set for Thursday, August 13, 2020, at 1:3