§ 418.10.Serving and Filing Notice of Motion

Title 5. Jurisdiction and Service of Process · Chapter 5. Objection to Jurisdiction · Last amended 2003 · Last verified July 28, 2026

In one sentenceSection 418.10 is California’s motion-to-quash statute, letting a defendant challenge personal jurisdiction, seek dismissal for inconvenient forum, or seek dismissal for delay in prosecution, without that motion counting as a general appearance in the case.

Full Text of § 418.10

Text sizeJump to: (a) (b) (c) (d) (e)

(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.

End

Plain-English Summary

Section 418.10 is the vehicle a defendant uses to say, before doing anything else in the case, that the court has no business hearing it against them. On or before the deadline to respond, a defendant may file a notice of motion to quash service of summons for lack of jurisdiction, to stay or dismiss for inconvenient forum, or to dismiss under the delay-in-prosecution rules of § 583.110 and following.

Filing this motion buys time: it extends the deadline to plead until 15 days after the defendant is served notice that the motion was denied (longer if the court allows). If the motion is denied, the defendant can petition an appellate court for a writ of mandate ordering the trial court to grant it, which extends the deadline to plead again while that petition is pending.

Critically, none of this — filing the motion, or even simultaneously answering, demurring, or moving to strike — counts as a general appearance that would itself confer jurisdiction, unless and until the court denies the motion. But subdivision (e)(3) cuts the other way: failing to raise these challenges together with a demurrer or motion to strike waives them.

Frequently Asked Questions

What is a motion to quash service of summons?

It’s the motion under § 418.10(a)(1) a defendant files to challenge whether the court has jurisdiction over them, without that filing itself counting as a general appearance in the case.

Does filing a motion to quash count as agreeing to be sued in California?

No. Section 418.10(e) says the motion — even filed alongside an answer, demurrer, or motion to strike — does not constitute a general appearance unless the court denies it.

What happens if my motion to quash is denied?

Your deadline to plead is extended, and § 418.10(c) lets you petition an appellate court for a writ of mandate ordering the trial court to grant the motion, which extends the deadline to plead again while that petition is pending.

Can I lose the right to challenge jurisdiction by raising it too late?

Yes. Section 418.10(e)(3) says failing to bring this motion together with a demurrer or motion to strike waives the jurisdiction, service, inconvenient-forum, and delay-in-prosecution challenges it covers.

Amendment History

Amended by Stats 2002 ch 69 (SB 1325),s 1, eff. 1/1/2003.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: motion to quash service californiachallenge personal jurisdiction californiaspecial appearance california