Objection of Jurisdiction in Civil Actions

Part 2, Title 5, Chapter 5 of the California Code of Civil Procedure deals with objections to jurisdiction and service of process. Section 418.10 provides that 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 three specified purposes.

In addition, the notice is required to designate, as the time for making the motion, a date not more than 30 days after filing of the notice. The notice is to be served in the same manner, and at the same times. The service and filing of the notice extends 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.

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, 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 is required to file or enter his or her responsive pleading in the trial court within the time prescribed, 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.

No default may be entered against the defendant before expiration of his or her time to plead, or application to the court or stipulation of the parties for an extension of the time to plead, is deemed a general appearance by the defendant. 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.

If the motion made under this section is denied and the defendant or cross-defendant petitions for a writ of mandate, the defendant or cross-defendant is not deemed to have generally appeared until the proceedings on the writ petition have finally concluded. Also, 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.

Section 418.11 provides that an appearance at a hearing at which ex parte relief is sought, or an appearance at a hearing for which an ex parte application for a provisional remedy is made, is not a general appearance and does not constitute a waiver of the right to make a motion.