Legal Question in Civil Litigation in California
If a defendant (a Company) seeks that the court sanction Plaintiff (for failing to file proofs of service), in addition to seeking the court to Quash Service of Summons & Complaint, in a Motion To Quash Service of Summons and Complaint hearing, does that waive their objecting to jurisdiction? ........ because in the holding of: Greener v. Workers� Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1037, it states: .... "However, a movant seeking relief on any basis other than lack of personal jurisdiction makes a general appearance, thereby waiving any defect in personal jurisdiction notwithstanding a �special appearance� designation on the face of the motion .... (Its on section II. The Jurisdictional Question, 2. Subject Matter jurisdiction, [6] "We do not ....Notwithstanding a special appearance ...", in this link: http://law.justia.com/cases/california/supreme-court/4th/6/1028.html )
2 Answers from Attorneys
An interesting question, but it is not one that Greener answers. Greener simply says that appearance a motion to quash is an improper vehicle for raising a question of subject matter jurisdiction. The Court also decided the question of personal jurisdiction on the merits, and not by way of waiver due to a request for other relief. Further statements on personal jurisdiction may be considered dicta.
I can see arguments on both sides here, but do not know of any authority that would definitively answer your question.
Is it a separate motion for sanctions or sanctions in connection with the motion to quash. Big difference. A defendant is not deprived of the right to ask for ancillary relief in the form of sanctions just to preserve objection to jurisdiction in a motion to quash. They may, however, and probably do waive it if a separate motion is made, such as under CCP 128.6.
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If defendant files & serves a Motion To Quash Service of Summons &... Asked 1/24/15, 9:40 pm in United States California General Civil Litigation
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