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418.10.
(a) A defendant, 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, may serve and file a notice of motion for one or more of the following purposes:
(1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.
(2) To stay or dismiss the action on the ground of inconvenient forum.
(3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8.
(b) The notice shall designate, as the time for making the motion, a date not more than 30 days after filing of the notice. The notice shall be served in the same manner, and at the same times, prescribed by subdivision (b) of Section 1005. The service and filing of the notice shall extend the defendant’s time to plead 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.
(c) If the motion is denied by the trial court, the defendant, within 10 days after service upon him or her of a written notice of entry of
an order of the court denying his or her motion, or within any further time not exceeding 20 days that the trial court may for good cause allow, and before pleading, may petition an appropriate reviewing court for a writ of mandate to require the trial court to enter its order quashing the service of summons or staying or dismissing the action. The defendant shall file or enter his or her responsive pleading in the trial court within the time prescribed by subdivision (b) unless, on or before the last day of the defendant’s time to plead, he or she serves upon the adverse party and files with the trial court a notice that he or she has petitioned for a writ of mandate. The service and filing of the notice shall extend the defendant’s time to plead until 10 days after service upon him or her of a written notice of the final judgment in the mandate proceeding. The time to plead may for good cause shown be extended by the trial court for an additional period not exceeding 20 days.(d) No default may be entered against the defendant before expiration of his or her time to plead, and no motion under this section, or under Section 473 or 473.5 when joined with a motion under this section, or application to the court or stipulation of the parties for an extension of the time to plead, shall be deemed a general appearance by the defendant.
(e) A defendant or cross-defendant may make a motion under this section and simultaneously answer, demur, or move to strike the complaint or cross-complaint.
(1) Notwithstanding Section 1014, no act by a party who makes a motion under this section, including filing an answer, demurrer, or motion to strike constitutes an appearance, unless the court denies the motion made under this section. If the court denies the motion made under this section, the defendant or
cross-defendant is not deemed to have generally appeared until entry of the order denying the motion.(2) If the motion made under this section is denied and the defendant or cross-defendant petitions for a writ of mandate pursuant to subdivision (c), the defendant or cross-defendant is not deemed to have generally appeared until the proceedings on the writ petition have finally concluded.
(3) Failure to make a motion under this section at the time of filing a demurrer or motion to strike constitutes a waiver of the issues of lack of personal jurisdiction, inadequacy of process, inadequacy of service of process, inconvenient forum, and delay in prosecution.
The unopposed Motion (ROA # 13) of Defendant RAVISH BHATTIPROLU ("Defendant") for an Order quashing the purported service of summons and complaint, pursuant to California Code of Civil Procedure section 418.10, on the grounds that this Court lacks personal jurisdiction over Defendant, is GRANTED.
HANWEI CHENG VS. LEAR MARKETING LLC
37-2019-00057416-CU-OE-CTL
Mar 02, 2020
San Diego County, CA
Employment
Other Employment
Although Movants assert rather boldly that section 410.30 is the specific statute and section 418.10 is the general statute, Britton makes clear that the opposite is true. As noted in Britton, the “general language” of section 410.30, subdivision (b) “does not contradict the subsequently enacted and specific waiver provision in section 418.10.” ((Ibid. .)
ROSEMARY PERERA ET AL VS LINCOLN BENEFIT LIFE COMPANY ET AL
BC672524
Jun 07, 2018
Los Angeles County, CA
Personal Injury/ Tort
Fraud
Notice Of Defts' Motion To Quash Service Of The Summons And Complaint (Ccp Section 418.10) ON CALENDAR FOR THURSDAY, OCTOBER 12, 2006. DEFENDANTS DEBORAH REILLY AND PATRICK REILLY Motion To Quash Service Of The Summons And Complaint (Ccp Section 418.10) IS DENIED. =(302/REQ/AP)
BRIDGEPORT FINANCIAL, INC VS. DEBORAH REILLY ET AL
CGC06454220
Oct 12, 2006
San Francisco County, CA
Notice Of Motion And Motion To Quash Service Of Summons Pursuant To Ccp Section 418.10 Set for hearing on Wednesday, September 23, 2009, line 1, DEFENDANT CONSOLIDATED SUPPLY CO. Motion to Quash Service of Summons Pursuant To CCP Section 418.10. Off Calendar, per moving party. =(302/CWW)
STANLEY GARWOOD ET AL VS. ADVOCATE MINES LIMITED ET AL
CGC09275216
Sep 23, 2009
San Francisco County, CA
Notice Of Motion And Motion To Quash Service Of Summons Pursuant To Ccp Section 418.10 Set for hearing on Wednesday, July 22, 2009, line 2, DEFENDANT CONSOLIDATED SUPPLY Motion To Quash Service Of Summons Pursuant To Ccp Section 418.10. Plaintiff's request for continuance to conduct jurisdictional discovery is granted. Hearing is continued to September 23, 2009. =(302/CWW)
STANLEY GARWOOD ET AL VS. ADVOCATE MINES LIMITED ET AL
CGC09275216
Jul 22, 2009
San Francisco County, CA
Nov 07, 2017
Other
Los Angeles County
Los Angeles County, CA
Dissolution w/o Minor Children (General Jurisdiction)
Family
Divorce,Separation
Oct 13, 2010
Dismissal
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Los Angeles County, CA
Contractual Fraud (General Jurisdiction)
Commercial
Contractual Fraud
Jan 03, 2020
Dismissal
Superior
Riverside County, CA
May 13, 2014
Dismissal
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Breach of Contract
Feb 14, 2012
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Stanley Mosk Courthouse
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Petition to Compel/Confirm/Vacate Arbitration (General Jurisdiction)
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Electronically FILED by Superior Court of California, County of Los Angeles 5/21/2021 4:43 PM Sherri R. Carter, Executive Officer/Clerk, By Thu Nguyen, Deputy Clerk 1 BEZAIRE & LEATHERS Evelyn M. Leathers, SBN 242488 2 41 Corporate Park, Suite 320 Irvine, CA 92606 3 Telephone: (714)543-6829 4 Facsimile: (949) 872-2843 5 Attorney for Respondents, TROY…
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May 21, 2021
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Electronically FILED by Superior Court of California, County of Los Angeles on 10/25/2022 09:50 AM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Gonzalez,Deputy Clerk 1 GEORGE D. YARON, ESQ. (State Bar #96246) 2 gyaron@yaronlaw.com D. DAVID STEELE, ESQ. (State Bar #171636) 3 dsteele@yaronlaw.com 4 YARON & ASSOCIATES 1300 Clay Street, Suite …
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Court-Ordered Dismissal - Other (Other) 12/20/2022
Los Angeles County, CA
Oct 25, 2022
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
Case Number: 19-CIV-06555 SUPERIOR COURT OF SAN MATEO COUNTY 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minut…
Nov 05, 2019
Active
Electronically ey Supaot Court of Cation County ot San Nabe oN 1/6/2020 ty__/af JenniferTannous Simon A. Mazzola, SBN 197640 The Mazzola Law Office — Professional Corpo…
Nov 05, 2019
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7 ORIGINAL BROWNE GEORGE ROSS LLP Sy notat rt of‘apaltornia Eric M. George (State Bar No. 166403) unty of Li george@berfirm.com Ira Bibbero (State Bar No. 217518) …
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Aug 29, 2018
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