Liwe Shen As Trustee of the Shen Trust v. Espinosa
Evidentiary hearing
Motion type
Parties
Ruling
California Code of Civil Procedure §435(b)(1) requires a motion to strike to be filed within the 10 business days of service of the summons and complaint. Under California Code of Civil Procedure §1014, a motion to strike is an appearance with the court; the Defendants are precluded from filing a motion to quash service following the filing of a Motion to Strike. Furthermore, California Code of Civil Procedure §435(d) does not extend time to file a demurrer. Therefore, because it has been well past the 10 business days following service of the Summons and Complaint on May 23, 2026, the Defendants are ordered to file an Answer within 5 business days.
Plaintiff is ordered to serve notice of the Court’s ruling.
9 30-2026-01562039 This is an evidentiary hearing. Liwe Shen As Trustee of the Shen Trust v. Espinosa
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