United States · California Code of Civil Procedure
When must a California defendant move to quash service?
CCP 418.10(a) uses the last day to plead, or a further court-allowed time for good cause. It does not grant a fresh thirty-day motion period.
- Period
- The preset substitutes thirty days for the actual last day to plead and cannot resolve the denial and mandate branches. No computed or paid motion date is published.
- Trigger
- The defendant’s actual last day to plead, including any court-allowed further time
- Rule
- CCP 418.10
Official current section reviewed. (Amended by Stats. 2002, Ch. 69, Sec. 1. Effective January 1, 2003.)
Source guide · No automated date
When must a California defendant move to quash service?
The preset substitutes thirty days for the actual last day to plead and cannot resolve the denial and mandate branches. No computed or paid motion date is published.
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Which event starts this CCP 418.10 inquiry?
The defendant’s actual last day to plead, including any court-allowed further time
Determine whether the motion seeks quashing for lack of jurisdiction, dismissal or stay for inconvenient forum, or dismissal under the identified service article.
Responsible actor. The defendant challenging service or seeking the identified forum relief. Establish the actual pleading deadline, service validity, court extensions and procedural posture. The ordinary summons period cannot cover every branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 418.10Which comparisons must be resolved before counting?
- The defendant’s actual last day to plead, including any court-allowed further time
- Determine whether the motion seeks quashing for lack of jurisdiction, dismissal or stay for inconvenient forum, or dismissal under the identified service article.
- Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
- File and serve a qualifying motion within the actual pleading time. Preserve the denial notice and any later writ proceedings that affect the response.
CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 12, exclusion of the first dayWhat distinguishes the statutory branches?
A defendant with a shortened pleading deadline and another with a valid extension have different last days to plead, even if service occurred on the same date.
The preset substitutes thirty days for the actual last day to plead and cannot resolve the denial and mandate branches. No computed or paid motion date is published.
Which qualifications change this procedure?
- After denial
- Subsection (b) ordinarily allows pleading within fifteen days after service of written notice of entry of denial, with a further court extension for good cause capped at twenty days.
- Mandate proceedings
- Subsection (c) supplies a ten-day writ-petition branch, court extension conditions and separate later pleading timing after notice of the final mandate judgment.
- Service methods and distinct statutory additions
- These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
- Edition and calendar coverage
- The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
- Establish the actual pleading deadline, service validity, court extensions and procedural posture. The ordinary summons period cannot cover every branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The preset substitutes thirty days for the actual last day to plead and cannot resolve the denial and mandate branches. No computed or paid motion date is published.
Which acts and evidence must be preserved?
Questions about CCP 418.10
When must a California defendant move to quash service?
Is thirty days after any service always available?
No. The controlling event is the actual last day to plead and any allowed further time.
CCP 418.10(a)Does the motion hearing have its own schedule?
Yes. The notice sets a hearing not more than thirty days after filing the notice, subject to the statute’s service requirements.
CCP 418.10(b)Can I reuse the original answer clock after denial?
No. Identify written notice of denial and any qualifying mandate proceedings before selecting the later response branch.
CCP 418.10(b)-(c)Official California sources and edition review
Provisions used (15)
| Provision | Purpose |
|---|---|
| CCP 418.10 | The particular actor, event, period and required act |
| CCP 418.10(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 418.10(c) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 418.10(a) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 418.10(b)-(c) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12, exclusion of the first day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |