Sued in California From Out of State: Motion to Quash and Personal Jurisdiction

Last updated: October 2026

If your company is based outside California and has been sued here, the first question is whether a California court has power over you at all. A motion to quash service of summons under Code of Civil Procedure section 418.10 raises that question without submitting to the court, and it must be filed by the deadline to respond. Kolmogorov Law, P.C. handles these motions for out-of-state and foreign companies sued in Orange County, Los Angeles, and federal court in California.

Call (909) 235-6116 or contact us online if your out-of-state business has been served with a California lawsuit.

Why out-of-state companies end up in California courts

An online retailer in Texas gets a website privacy demand from a Los Angeles plaintiff. A software vendor in Florida is sued by a California customer over a contract signed by email. A manufacturer in Ohio is named in a dispute over goods delivered to Anaheim. None of them has an office here. Each receives a summons from a California court.

California's long-arm statute reaches as far as the state and federal constitutions allow. (Code Civ. Proc., § 410.10.) In practice that means a court asks whether your company purposefully directed its business at California and whether the claim arises out of those contacts. Selling into the state, contracting with California companies, or marketing to California consumers can be enough. A passive website that happens to be visible here, by itself, usually is not.

Service on a defendant outside California

A summons may be served on a person outside California by first-class mail with a return receipt requested, and that service is deemed complete on the tenth day after mailing. (Code Civ. Proc., § 415.40.) The 30-day response clock runs from completion of service. Out-of-state defendants often misread this and assume they have 30 days from the day the envelope arrived. They do not.

Service that did not follow the rules is itself a ground to quash, separate from jurisdiction.

The motion to quash

The motion is filed on or before the last day of your time to plead, or within further time the court allows for good cause. (Code Civ. Proc., § 418.10, subd. (a).) It can be brought on three grounds: lack of jurisdiction over the defendant, inconvenient forum, and delay in prosecution. (Code Civ. Proc., § 418.10, subd. (a)(1)-(3).)

Filing the motion extends your time to plead until 15 days after service of written notice of an order denying it, and the court may add up to 20 more days for good cause. (Code Civ. Proc., § 418.10, subd. (b).) No default may be entered against you before that extended time to plead expires. (Code Civ. Proc., § 418.10, subd. (d).)

The burden on the motion is practical. The plaintiff must come forward with facts showing the contacts that support jurisdiction, and the defendant answers with declarations about where it is organized, where it operates, and what it did or did not do in California. The motion is won or lost on those declarations, so we draft them with care.

The mistake to avoid: a general appearance

A defendant who answers the complaint, or files a demurrer or motion to strike without also moving to quash, generally appears and waives the objection. Failing to make the motion at the time of filing a demurrer or motion to strike constitutes a waiver of lack of personal jurisdiction, inadequacy of process, inadequacy of service of process, inconvenient forum, and delay in prosecution. (Code Civ. Proc., § 418.10, subd. (e)(3).)

A motion under section 418.10 is not itself a general appearance, and no act by a party who makes the motion, including filing an answer, counts as an appearance unless and until the court denies the motion. (Code Civ. Proc., § 418.10, subds. (d), (e)(1).) The order of operations matters. Quash first, then plead.

Website privacy demands and online retailers

A large share of the out-of-state inquiries I receive involve California Invasion of Privacy Act claims over website chat tools, tracking pixels, and session replay software. The plaintiff is a California resident; the retailer is anywhere. Whether a California court has jurisdiction over a company that ships nationwide is a live question in those cases, and it is often the first motion we evaluate. Our CIPA guide covers the substance of those claims, including the SB 690 changes.

Inconvenient forum and forum clauses

Even where jurisdiction exists, the same motion can ask the court to stay or dismiss the case because California is an inconvenient forum. (Code Civ. Proc., § 418.10, subd. (a)(2).) A contract clause that sends disputes to another state or country strengthens that request considerably. Our page on forum selection clauses explains how California courts treat them, and the arbitration vs. litigation article covers arbitration clauses, which raise a different motion.

Why ignoring a California summons is dangerous

Some out-of-state owners assume a California judgment cannot reach them. It can. A default judgment entered here can be domesticated in your home state and enforced against your bank accounts and receivables. Setting a default aside after the fact is possible in some circumstances, but it is far more expensive than responding on time. See our page on default judgments.

What to bring to the first meeting

Bring the summons and complaint, the envelope and any return receipt, and the date you first received anything. Add your company's formation documents and office locations, and the contract with the plaintiff if there is one. Then write a candid list of your California contacts: customers, revenue, employees, marketing, and travel. The motion depends on that list.

Frequently asked questions

Can a California court sue my out-of-state company?

A California court can exercise jurisdiction over an out-of-state company if the company has enough contacts with California and the claim arises from them. (Code Civ. Proc., § 410.10.) Selling to California customers or contracting with California businesses can be enough. Mere visibility of a website usually is not.

How long do I have to file a motion to quash in California?

It must be filed on or before the last day of your time to plead, which is normally 30 days after service is complete. (Code Civ. Proc., § 418.10, subd. (a).) For service by mail outside California, service is complete on the tenth day after mailing. (Code Civ. Proc., § 415.40.)

Does filing a motion to quash stop a default?

Yes. No default may be entered before your time to plead expires, and filing the motion extends that time until 15 days after notice of an order denying it. (Code Civ. Proc., § 418.10, subd. (d).)

What if I already answered the complaint?

Answering without a motion to quash generally waives the objection to personal jurisdiction. (Code Civ. Proc., § 418.10, subd. (e)(3).) There may still be forum or venue arguments, but the jurisdiction argument is usually gone.

Is a motion to quash the same as a motion to dismiss?

In California state court the motion to quash is the vehicle for jurisdiction and service challenges. In federal court the equivalent is a motion to dismiss under Rule 12(b)(2) for lack of personal jurisdiction. The analysis is similar; the procedure differs.

Talk to a California business litigation attorney

If your out-of-state or foreign company has been served with a California lawsuit, the deadline is short and the first filing decides whether you can contest jurisdiction. Call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618, and appears in the Superior Courts of Orange County and Los Angeles and in the federal districts of California. See also our first 30 days guide.

This page provides general information about California law and is not legal advice. Outcomes depend on the facts of service, the company's contacts with California, and the court.