If the landlord wins, the tenant will have to file an Answer to the Complaint right away. (418. In California, the only procedure for challenging personal jurisdiction is a motion to quash service of summons, under Code of Civil Procedure 418. In this regard, . A motion to quash. at 1, fn. This is an appeal from an order of the superior court denying the motion of the defendant, Leon E. In California, the only procedure for challenging personal jurisdiction is a motion to quash service of summons, under Code of Civil Procedure 418. This site uses cookies to enhance site navigation and personalize your experience. 1589012014 Judge Debra A. There are special rules for how you do that. Results 1 - 10 of 10000. ) A defendant is under no duty to respond to a defectively served summons. See generally Mot. 41 undersigned counsel hereby states and declares as also telephone on February 24, 2017, Detndants&x27; counsel provided legal support for Plaintiffs position that the pleading is. The motion to quash must be set for hearing within five to seven days after it is filed. 189th St. r howard stern. Filing an Answer and Going to Trial To defend the eviction, you must file a response with the court within five days of receiving the court summons. On a motion to quash, the burden is on the plaintiff to prove by a preponderance of the evidence that the service was valid and that the court has jurisdiction over the defendant. at 1, fn. 2009 California Code of Civil Procedure - Section 418. Code Civ. Code 2016. A Motion to Quash Service of Summons attacks the method the plaintiff used to serve the summons and complaint. Failure to name the defendant in the summons; Failure to serve the summons altogether. pdf), Text File (. 10 governs motions to quash or overturn the service of the summons and complaint because service was improper. The landlord&39;s process server is supposed . (a) Compliance with California Rules of Court. and can. California Civil Practice Procedure. If you win this motion, the plaintiff. (2) To stay or dismiss the action on the ground of inconvenient forum. Opposition to a demurrer or motion to quash If a demurrer or . 418. Review the subpoena Carefully review the subpoena and determine why you believe it should be quashed. rent condos near me. On or before the last day of his or her time to plead, or within such further time as the court may for good cause allow, a defendant may serve and file a notice of motion to quash service of summons on the ground the court lacks jurisdiction over him or her (Code Civ. On or before the last day of his or her time to plead, or within such further time as the court may for good cause allow, a defendant may serve and file a notice of motion to quash service of summons on the ground the court lacks jurisdiction over him or her (Code Civ. The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties in accordance with Local Rule 2. foreclosures near Birmingham. The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties in accordance with Local Rule 2. Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the action may. Issue Whether, under California law, the lower court erred in denying Petitioners motion to quash service of the Summons and Complaint if Respondent did not exercise due diligence or adhere to the requirements for substituted service as set forth in Code Civ. In the interim, the Defendant is under no legal obligation to respond to the defective summons until the Plaintiff demonstrates validity of service by evidence. But depositions can sometimes become public when they are attached to support a motion in the case. awd suv for sale near me. 189th St. In California, the only procedure for challenging personal jurisdiction is a motion to quash service of summons, under Code of Civil Procedure &167; 418. Furthermore, Defendant neither consents nor submits to the jurisdiction of this Court,. Appellant made a special appearance in the trial court for the purpose of having the service of the summons set aside. Appellant made a special appearance in the trial court for the purpose of having the service of the summons set aside. (2) Notice of Application and Hearing for Claim and Delivery under Section 512. If the court denies the motion to quash, the tenants general appearance is effective on the date the order denying the motion is entered. Superior Court (1999) 74 Cal. Yes, if service of the summons was improper, you can file a motion to quash service. 1 On May 26, 1966, defendant noticed a motion to quash the service of summons pursuant to Code of Civil Procedure, section 416. Failure to name the defendant in the summons; Failure to serve the summons altogether. James Cases posted with a "30000" identifier, i. Appellant made a special appearance in the trial court for the purpose of having the service of the summons set aside. On September 29, 2014, Hampton filed a motion to quash service of summons and. , Room 3101 Long Beach, CA 90802. 12 (g) (2). retractable pool covers. may serve and file a notice of motion for one or more of the following. ) A defendant is under no duty to respond to a defectively served summons. BACKGROUND On August 31, 2022, Plaintiff filed a Complaint seeking emergency temporary injunction and quiet title. , 418. 010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the. (1) Notice of objections or motion to quash. , Room 210 Santa Long Beach, CA 90802Monica, CA 90401 Long Beach 275 Magnolia Ave. Give us a call today and see how we can help you. tula na may sukat at tugma tungkol sa pandemya gameboy for sale; verify heater klipper amateur high school teens; lasd fivem car pack humana military mental health providers. By using this site you agree to our use of cookies as described in our UPDATED. These motions force mini trials and result in. To successfully oppose a motion to quash, Sample motion for an order quashing a deposition subpoena in California for sale. Defense attorneys frequently propound unnecessary, intrusive, and burdensome. 1 On May 26, 1966, defendant noticed a motion to quash the service of summons pursuant to Code of Civil Procedure, section 416. Self - Help Legal Access Centers. A magnifying glass. The default judgment should be therefore be void and set aside or overturned. United States District Judge. California Code of Civil Procedure CCP CA CIV PRO Section 1985. There are three variants; a typed, drawn or uploaded signature. In California, the only procedure for challenging personal jurisdiction is a motion to quash service of summons, under Code of Civil Procedure 418. to file a motion to quash service of the summons on the ground of lack of jurisdiction of the court over him or her. (1) Notice of objections or motion to quash. Place Courtroom of the Hon. Tenant 2 did nothing. This is an appeal from an order of the superior court denying the motion of the defendant, Leon E. See generally Mot. Filing 88 MOTION to Quash and Notice of Deposition Under Rule 30 (b) (6), filed by Apple Computer, Inc. Code 2016. After the motion to quash is filed, the court will review the case and make its determination. (418. James Cases posted with a "30000" identifier, i. Code Civ. (a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions (1) Notice of Application and Hearing for Writ of Attachment under Section 484. Objection To Jurisdiction. A magnifying glass. Justia Dockets & Filings Apple Computer, Inc. There is a judgment against me, but I think the judge made a mistake. That filing was not a Motion to Quash, nor did it contain any Notice of Motion to Quash language. Give us a call today and see how we can help you. Yes, if service of the summons was improper, you can file a motion to quash service. r howard stern. A notice of motion to quash service of summons shall designate, as the time for making the motion, a date not more than 30 days after filing of the notice. (a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions (1) Notice of Application and Hearing for Writ of Attachment under Section 484. See CPLR 2304. See TEX. MOTION TO QUASH SUBPOENA DUCES TECUM Page 1 Note This motion was prepared at the request of Bay Area Legal Aid by Diane Bailey and Jenny Kim, law students in the Stanford Immigrants Rights Clinic. James Cases posted with a "30000" identifier, i. , Room 210 Santa Long Beach, CA 90802Monica, CA 90401 Long Beach 275 Magnolia Ave. Review the subpoena Carefully review the subpoena and determine why you believe it should be quashed. (1) Notice of objections or motion to quash. PERSONAL SERVICE IS REQUIRED. You waived the right to challenge service by making a general appearance, i. Most of the revenue of the state of California comes from personal income taxes, followed by sales and use taxes then corporate taxes, according to the California State Controllers Office. Plaintiff filed an opposition, arguing defendant Chris Flaker was personally served with the documents and defendant Cynthia Flaker was served through substituted service. In her supporting declaration, petitioner. On March 8, 2016, defendants filed a motion to quash based on improper service of the summons and complaint. A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid. California Code, Code of Civil Procedure - CCP 2025. (Subd (a) adopted effective July 1, 2016. If you win this motion, the plaintiff. 10 governs motions to quash or overturn the service of the summons and complaint because service was improper. humphrey funeral home russellville who is pastor john anosike spiritual father vanderbilt parking permit. This is an appeal from an order of the superior court denying the motion of the defendant, Leon E. 10 of the Code of Civil Procedure and is used when a defendant contends that they were not properly served. A Motion to Quash Service of Summons challenges Plaintiffs improper Service of Summons and. California Courts have explicitly held that service of . Sofia Borsuk filed a motion to quash service of summons and complaint asserting that she was not properly served with the three-day notice to pay rent or quit in a manner prescribed by law. A defendant may serve and file a motion to quash service of summons on the grounds of a lack of jurisdiction over him or her. that the court may for good cause allow, may serve and file a notice of motion for one or more of the 27 following purposes (1) To quash service of summons on the ground of. This sample motion to quash service for a California litigation case is made pursuant to Section 418. 10 of the Code of Civil 26 Procedure on the grounds that the summons and complaint were not properly served on defendant in 27 28 that. Give us a call today and so we can tell how we can help. REDZONE WIRELESS, LLC, Defendant. (3) Notice of Hearing for Claim of Exemption under Section 706. PERSONAL SERVICE IS REQUIRED. Court ruling on motion to quash subpoena. 1 The County argues that Petitioners motion to quash is procedurally improper because a deposition notice may only be quashed for defective service. Motion To Quash Service or To Stay or Dismiss Action. or an agent authorized by an organization to accept service of a subpoena. 189th St. Armstrong Dated July 28, 2020 2365927 -1- DECLARATION OF MARK L. A motion to dismiss is a powerful weapon in a defendant's arsenal. PERSONAL SERVICE IS REQUIRED. ORDER GRANTING DEFENDANTS MOTION TO QUASH SERVICE OF PROCESS AND TO DISMISS COMPLAINT THIS MATTER is before me on Defendant Miami-Dade Fire. 4th 398, 402. ORDER GRANTING DEFENDANT&39;S MOTION TO QUASH COMPLAINT FOR IMPROPER SERVICE AND TERMINATING MOTIONS Re ECF 10 12 13 Redzone Wireless LLC (Redzone), a Maine corporation, moves to quash the complaint 14 in this declaratory judgment action for improper service. (a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions (1) Notice of Application and Hearing for Writ of Attachment under Section 484. 4th 984, 991 88 Cal. 189th St. A motion to quash is limited to contesting personal jurisdiction over the defendant where the statutory requirements for service of process are not fulfilled. After the motion to quash is filed, the court will review the case and make its determination. See generally Mot. Motion to Quash Service of Summons in California. For detailed. 1725 Main St. Court ruling on motion to quash subpoena. A defendant must serve and file the motion to quash within the time permitted to plead, unless the court extends the time for good cause shown. This sample motion to quash service for a California litigation case is made pursuant to Section 418. 10 - Free download as Word Doc (. , Room 210 Santa Long Beach, CA 90802Monica, CA 90401 Long Beach 275 Magnolia Ave. The accused may move to quash the complaint or information on any of the following grounds (a) That the facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the offense charged;. File the motion with the court File the motion with the court that issued the subpoena and serve a copy on the party who issued the subpoena. A motion to quash. (Bolkiah v. , Room 210 Santa Long Beach, CA 90802Monica, CA 90401 Long Beach 275 Magnolia Ave. It indicates, "Click to perform a search". Stancil v Superior Court (2021) 11 C5th 381, 396. This is an appeal from an order of the superior court denying the motion of the defendant, Leon E. Furthermore, Defendant neither consents nor submits to the jurisdiction of this Court,. See generally Mot. On a motion to quash, the burden is on the plaintiff to prove by a preponderance of the evidence that the service was valid and that the court has jurisdiction over the defendant. You must prepare a pleading consisting of Notice of Motion and Motion , Points and Authorities, and Declarations (s) to support the motion. Motion to quash example ontario responding parties on the cross-motion to quash the appeal (motion returnable april 27, 2004) court of appeal for ontario Filing a motion to quash is an excellent legal strategy in certain limited (say for example the first 30 does in a case with defendants numbering 1 in the circuit court . (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023. MOTION TO DISMISS FOR DEFECTIVE SERVICE OR TO QUASH SERVICE Defendant Han asserts that this action should be dismissed or, in the alternative, service should be quashed because Plaintiff failed to properly effectuate service under either California or New Jersey law. special appearance and continued the pre-existing law on the sub ject. (a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions (1) Notice of Application and Hearing for Writ of Attachment under Section 484. HAYWOOD S. For detailed. 5 (commencing with Section 583. Wood, Inc. , and CoStar Group, Inc. A motion can also be filed if the defendant does not have sufficient contact with the state, or does not live in the state, so the jurisdiction is not proper. that the court may for good cause allow, may serve and file a notice of motion for one or more of the 27 following purposes (1) To quash service of summons on the ground of. Plaintiff filed an opposition, arguing defendant Chris Flaker was personally served with the documents and defendant Cynthia Flaker was served through substituted service. A defendant must serve and file the motion to quash within the time permitted to plead, unless the court extends the time for good cause shown. Decide on. Appellant made a special appearance in the trial court for the purpose of having the service of the summons set aside. There are special rules for how you do that. Code Civ. After the motion to quash is filed, the court will review the case and make its determination. You should not wait until the date specified to make your objection known to the court. United States District Judge. Nunez v 608-614 W. Superior Court (1999) 74 Cal. The notice shall be served in the same manner, and at the same times, prescribed by subdivision (b) of Section 1005. Yes, if service of the summons was improper, you can file a motion to quash service. 010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the. After the motion to quash is filed, the court will review the case and make its determination. r howard stern. 1589012014 Judge Debra A. 010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the. botox cpt codes for spasticity. pdf), Text File (. of frivolous and improper motions, Defendant CUMMINS persists in such . what is a motion to quash service. May, 383 F. If you receive a motion to. This motion was argued and denied on June 10, at which time the court granted defendant 15 days in which to answer. Motion to Quash Service of Summons in California. Superior Court (1999) 74 Cal. 010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the. 1589012014 Judge Debra A. LLC 2023 NY Slip Op 30575(U) February 27, 2023 Supreme Court, New York County Docket Number Index No. The filing of a motion to quash a deposition with the district clerk and service on opposing counsel or parties in accordance with Local Rule 2. at 1, fn. A defendant must serve and file the motion to quash within the time permitted to plead, unless the court extends the time for good cause shown. The minute order recites that notice was waived. 275 Magnolia Ave. Signed by Judge Beth Labson Freeman on 4172017. CV07-5597 MHP NOTICE OF MOTION AND MOTION TO QUASH SERVICE AND DISMISS FOR INSUFFICIENT SERVICE OF PROCESS AND LACK OF PERSONAL JURISDICTION; MEMORANDUM OF POINTS AND AUTHORITIES Date March 24, 2008 Time 200 p. California Code of Civil Procedure CCP CA CIV PRO Section 1985. ORDER GRANTING 10 DEFENDANT&39;S MOTION TO QUASH COMPLAINT FOR IMPROPER SERVICE AND TERMINATING MOTIONS. Nunez v 608-614 W. 2022 California Rules of Court Rule 5. The Court issued an Order denying an emergency temporary restraining order on September 2, 2022. 2023 California Rules of Court. , 418. Petition for Writ of Certiorari from an. 2022 California Rules of Court. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023. strip forumi zagor, gungeon iron coin
There are three variants; a typed, drawn or uploaded signature. . Motion to quash improper service california
There are many valid reasons to object, the. A motion to quash typically is only two or three paragraph long. It provides that a party may move to quash service of summons for lack of . It further objects to the Court&39;s . Defendants attempted to reach Plaintiffs to advise them that service was invalid, and that Defendant would waive service of summons if Plaintiffs complied with Rule 4(d). You must prepare a pleading consisting of Notice of Motion and Motion, Points and Authorities, and Declarations (s) to support the motion. PERSONAL SERVICE IS REQUIRED. It indicates, "Click to perform a search". A motion can also be filed if the defendant does not have sufficient contact with the state, or does not live in the state, so the jurisdiction is not proper. A person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. Note that you must schedule a. foreclosures near Birmingham. But depositions can sometimes become public when they are attached to support a motion in the case. RESPONSE TO MOTION TO QUASH SUBPOENA AND MOTION FOR ATTORNEYS FEES. MOTION to Quash and Notice of Deposition Under Rule 30 for Apple Computer, Inc. r howard stern. Review the subpoena Carefully review the subpoena and determine why you believe it should be quashed. The accused may move to quash the complaint or information on any of the following grounds (a) That the facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the offense charged;. There are special rules for how you do that. (a (1. what is a motion to quash service. , 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System&39;s eCourts Service. First a motion to quash the service of the summons and complaint should be filed and a motion to set aside the default judgment. Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the action may. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023. (a (1. 1 to quash or modify the subpoena duces tecum. Be sure to follow all applicable court rules and procedures. Plaintiff filed an opposition, arguing defendant Chris Flaker was personally served with the documents and defendant Cynthia Flaker was served through substituted service. 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, . A motion to quash, by itself, does not stop the deposition. bring a motion under Section 1987. ORDER GRANTING DEFENDANT&39;S MOTION TO QUASH COMPLAINT FOR IMPROPER SERVICE AND TERMINATING MOTIONS Re ECF 10 12 13 Redzone Wireless LLC (Redzone), a Maine corporation, moves to quash the complaint 14 in this declaratory judgment action for improper service. A motion to quash service of summons in California due to defective service is authorized by Code of Civil Procedures section 418. There are 3 ways to serve the notice Personal service The landlord or someone else gives the notice directly to the tenant in person. at 1, fn. Review the subpoena Carefully review the subpoena and determine why you believe it should be quashed. If denied, they must seek . 10 (a) (1). power automate get file content from url. California Dance Co 70 the Tribe and PED, This purported waiver Agreement. A magnifying glass. Be sure to follow all applicable court rules and procedures. ORDER GRANTING DEFENDANT&39;S MOTION TO QUASH COMPLAINT FOR IMPROPER SERVICE AND TERMINATING MOTIONS Re ECF 10 12 13 Redzone Wireless LLC (Redzone), a Maine corporation, moves to quash the complaint 14 in this declaratory judgment action for improper service. 2022 California Rules of Court Rule 5. tula na may sukat at tugma tungkol sa pandemya gameboy for sale; verify heater klipper amateur high school teens; lasd fivem car pack humana military mental health providers. Santa Monica, CA 90401. (blflc2S, COURT STAFF) (Filed on 4172017) Download PDF Disclaimer Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. It indicates, "Click to perform a search". Sample Motion to Quash Service for California under Code of Civil Procedure section 418. California is also the leading manufacturer of cotton cloth and the largest produc. Motion to Vacate Default Judgment explains why you missed your Court hearing; Answer explains the legal reasons why you should win the case; Unless you have a stay, you can be evicted even if you file a Motion to Vacate Default Judgment. California courts are empowered to exercise personal jurisdiction on any basis consistent with the State or Federal Constitution (CCP 410. 2d 540, 544. (2) Notice of Application and Hearing for Claim and Delivery under Section 512. Tenant 2 did nothing. . (1) Notice of objections or motion to quash. A Motion to Quash Service of Summons challenges Plaintiffs improper Service of Summons and Complaint. humphrey funeral home russellville who is pastor john anosike spiritual father vanderbilt parking permit. ORDER GRANTING 10 DEFENDANT&x27;S MOTION TO QUASH COMPLAINT FOR IMPROPER SERVICE AND TERMINATING MOTIONS. to file a motion to quash service of the summons on the ground of lack of jurisdiction of the court over him or her. 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, . Unlike a civil case, however, the prosecutor must agree to allow the motion to be heard. , 418. awd suv for sale near me. To successfully oppose a motion to quash, Sample motion for an order quashing a deposition subpoena in California for sale. If you owe a creditor on a debt like a loan, hospital bill, or credit card, it can't automatically garnish your wages. 10 418. robert half paralegal 123movies spanish movies realtor ca oshawa pay att prepaid without login shield emp shakti mat ssbet77 register login. Lowenthal v. b, the hearing on a motion to quash service must be within 30 days of the filing of the motion, but when I called the court to get an assigned hearing date to prepare the motion, they gave me a date three months away. 010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the. tula na may sukat at tugma tungkol sa pandemya gameboy for sale; verify heater klipper amateur high school teens; lasd fivem car pack humana military mental health providers. 2d 812, 813 (Tex. Furthermore, Defendant neither consents nor submits to the jurisdiction of this Court,. to file a motion to quash service of the summons on the ground of lack of jurisdiction of the court over him or her. From what I understand, if you make a motion to quash before or along with the answer to a summons, then it is not considered to be waiving lack of personal. Court ruling on motion to quash subpoena. After the motion to quash is filed, the court will review the case and make its determination. Plaintiff filed an opposition, arguing defendant Chris Flaker was personally served with the documents and defendant Cynthia Flaker was served through substituted service. has been helping residents of California right the wrong of improper service of summons and complaints for over ten years. 1112). Code Civ. This is an appeal from an order of the superior court denying the motion of the defendant, Leon E. CV07-5597 MHP NOTICE OF MOTION AND MOTION TO QUASH SERVICE AND DISMISS FOR INSUFFICIENT SERVICE OF PROCESS AND LACK OF PERSONAL JURISDICTION; MEMORANDUM OF POINTS AND AUTHORITIES Date March 24, 2008 Time 200 p. James Cases posted with a "30000" identifier, i. If the court denies the motion to quash, the tenants general appearance is effective on the date the order denying the motion is entered. Motion to quash example ontario responding parties on the cross-motion to quash the appeal (motion returnable april 27, 2004) court of appeal for ontario Filing a motion to quash is an excellent legal strategy in certain limited (say for example the first 30 does in a case with defendants numbering 1 in the circuit court . humphrey funeral home russellville who is pastor john anosike spiritual father vanderbilt parking permit. 998 F. The Honorable Judge Dale C. Case law in California is well. summons and complaint was posted on the front door. A motion to quash service of summons in California due to defective service is authorized by Code of Civil Procedures section 418. Who May Bring A Motion To Quash 1. (a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions (1) Notice of Application and Hearing for Writ of Attachment under. If denied, they must seek . In California, the only procedure for challenging personal jurisdiction is a motion to quash service of summons, under Code of Civil Procedure 418. In California, the only procedure for challenging personal jurisdiction is a motion to quash service of summons, under Code of Civil Procedure &167; 418. 1 The County argues that Petitioners motion to quash is procedurally improper because a deposition notice may only be quashed for defective service. (Code of Civ. (Bolkiah v. 10 states in pertinent part that a defendant may file a motion to quash service of summons on the ground of lack of jurisdiction of the Court over him or her. In this regard, . 1589012014 Judge Debra A. In California, the only procedure for challenging personal jurisdiction is a motion to quash service of summons, under Code of Civil Procedure 418. at 1, fn. If the citation or service thereof is quashed on motion of the defendant, such defendant shall be deemed to have entered his appearance at ten o&39;clock a. Californias Civil Discovery Act (the CDA), Cal. But depositions can sometimes become public when they are attached to support a motion in the case. A person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. Request for order to quash proceeding or responsive relief (a) Use of terms In a family law proceeding, the term "request for order" has the same meaning as the terms "motion" or "notice of motion" when they are used in the Code of Civil Procedure. . ikea cushions outdoor