Legal Question in Real Estate Law in California

A motion to quash challenges service; in essence, you're stating that you weren't properly served with the unlawful detainer lawsuit. If you answer, you're conceding that you've been properly served and you waive that issue. You might just do one or the other, but not both, initially. If the motion to quash is denied, the judge will give you the date by which you would have to file the answer.

I generally agree with the foregoing answer...a motion to quash denies that the court has jurisdiction, and until you've been effectively served, it doesn't. However, service doesn't always have to be letter-perfect to be deemed effective. If you know enough about the suit to be considering filing an answer, how can you also argue that you weren't served? Just a thought.

Also, if you are trying to buy time, a motion to quash may do just that; but lawyers often advise clients to overlook minor technical defects in service, because filing motions costs money and the plaintiff will just serve you again, so why bother?

You can file an answer and a motion to quash at the same time, per the Code of Civil Procedure, but it seems to me they are at cross-purposes and I would choose one or the other.