Motions to Quash for Improper/Incomplete Service under California Code of Civil Procedure Section 418.10(a)(1) and 474

A motion to quash is the proper pleading to test the validity of a service of summons and complaint upon an entity that is not by its true or fictitious name made a party to an action. Kline v. Beauchamp et al., 29 Cal.App.2d 340, 342 (1938); Fuss v. City of Los Angeles, 162 Cal.App.2d 643 (1958); Cal. Code Civ. Pro. § 418.10(a)(1), Cal. Code Civ. Pro. § 474. Service of summons upon a person or entity not named as a party to an action is not valid. Fuss at 646, Beauchamp at 342. A party over whom the court lacks jurisdiction may bring a motion to quash service of summons without subjecting it to the jurisdiction of the Court. Id., Cal. Code Civ. Pro. §§ 418.10(a)(1). The court’s jurisdiction over a party commences from the time a summons is properly served on the party as provided in the Code of Civil Procedure; a court may not obtain jurisdiction over a party by means of an improperly served summons. Slaughter v. Legal Process & Courier Service (1984) 162 Cal.App.3d 1236, 1251. If the defendant is not named in the Complaint under either a true or fictitious name, the summons is defective, invalid, and lacks any legal effect. Kline; Fuss; Cal. Code Civ. Pro. § 418.10(a)(1). Pursuant to California Code of Civil Procedure § 416.10(b), a party may serve a corporation by serving any of several persons, including the president, vice-president, secretary or assistant secretary, manager, or an agent for service of process.