BILL NUMBER: SB 1325 CHAPTERED
BILL TEXT
CHAPTER 69
FILED WITH SECRETARY OF STATE JUNE 21, 2002
APPROVED BY GOVERNOR JUNE 20, 2002
PASSED THE ASSEMBLY JUNE 10, 2002
PASSED THE SENATE APRIL 11, 2002
AMENDED IN SENATE APRIL 9, 2002
INTRODUCED BY Senator Kuehl
JANUARY 29, 2002
An act to amend Section 418.10 of the Code of Civil Procedure,
relating to personal jurisdiction.
LEGISLATIVE COUNSEL'S DIGEST
SB 1325, Kuehl. Personal jurisdiction: general appearance.
Under existing law, 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
certain purposes, including to quash service of summons on the ground
of lack of jurisdiction of the court over him or her.
The bill would permit a defendant or cross-defendant to move to
quash service of summons, move to stay or dismiss the action on the
grounds of inconvenient forum, or move to dismiss for delay in
prosecution, and simultaneously answer, demur, or move to strike the
complaint or cross-complaint. The bill would specify certain
circumstances under which a party is not deemed to have made a
general appearance for purposes of a court exercising its
jurisdiction.
The bill would declare the intent of the Legislature in enacting
its provisions to conform California practice with respect to
challenging personal jurisdiction to the practice under Rule 12(b) of
the Federal Rules of Civil Procedure.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 418.10 of the Code of Civil Procedure is
amended to read:
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.
SEC. 2. It is the intent of the Legislature in enacting this act
to conform California practice with respect to challenging personal
jurisdiction to the practice under Rule 12(b) of the Federal Rules of
Civil Procedure.