SECTIONS 418.10-418.11 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 418.10-418.11

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.

418.11. 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 under Section 418.10.