Olga Ramirez

1 8908 Guess Street

Rosemead, CA 91770
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(626) 379-2393
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Attorney for: Defendant In Pro Per
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES, EAST DISTRICT
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9 HEIN ) CASE NO: 10U

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Plaintiff(s), ) DEFENDANT’S NOTICE OF MOTION
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) TO QUASH SERVICE OF SUMMONS
vs. ) POINTS AND AUTHORITIES;
12 ) DEFENDANT’S DECLARATION IN
OLGA RAMIREZ ) SUPPORT THEREOF
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Defendant(s). )
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To: HEIN LANDLORD, Plaintiff, and to Frank , his
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attorney:
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PLEASE TAKE NOTICE THAT on __________________2010, at

20 : PM in Department No. 1, Rm. 102 of the above-entitled court,

21 located at 12345 E. Valley Blvd., El Monte, CA 91733, Defendant,

22 Olga Ramirez, will appear specially pursuant to Code of Civil

23 Procedure Section 418.10 and will move the court for an order
24 quashing to service of Summons herein on the
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DEFENDANT’S NOTICE OF MOTION TO SQUASH SERVICE OF SUMMONS;
POINTS AND AUTHORITIES; DEFENDANT’S DECLARATION IN SUPPORT THEREOF
 grounds that the Summons and Complaint in this case was not
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personally served on her but was put through the door frame by
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Unknown person a neighbor who knows Mr. Hien by sight told
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4 me that he place the Summons and Complaint through the door

5 frame on August 24, 2010 the defendant was not home.

6 On Tuesday, August 24, 2008 at approximately 7:30 pm an unknown

7 person knocked on the defendants door, the defendant answered

8 again the defendant was not served personally with any documents
9 the documents were put on the metal frame door. Landlord,
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plaintiff in this case, is in violation of Code of Civil
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Procedure Section 414.10, which requires service of the Summons
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and Complaint to be served on the Defendant in person.
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The motion shall be based upon this notice, the memorandum
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of points and authorities in support thereof, the files and
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records of this case, and the declaration of Olga Ramirez,
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Tenant, attached hereto.
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DATED: September 7, 2010 _________________________________
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Olga Ramirez
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Defendant In Pro Per

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21 POINTS AND AUTHORITIES

22 A defendant in an unlawful detainer action is entitled to

23 file a Motion to Quash Service of Summons when service has not

24 been validly completed. Code of Civil Procedure Sec. 418.10.
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DEFENDANT’S NOTICE OF MOTION TO SQUASH SERVICE OF SUMMONS;
POINTS AND AUTHORITIES; DEFENDANT’S DECLARATION IN SUPPORT THEREOF
 In this action, service of the Summons and Complaint was
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improperly served in that the papers were left on the Defendants
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door frame, Defendant, Olga Ramirez was not home.
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4 Service by a party to the action violates Code of Civil

5 Procedure Sec. 414.10, which requires that service of a Summons

6 and Complaint must be made by a person over 18 who is not a

7 party to the action.

8 Respectfully submitted,
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____________________________
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Olga Ramirez,
12 Defendant In Pro Per

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DECLARATION
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Olga Ramirez, Tenant declares and says:
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1. I am a tenant at 8908 Guess Street, Rosemead, CA 91770.
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2. On Wednesday, November 19, 2008, there was an attempt
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to serve a Summons and Complaint-Unlawful Detainer on myself but
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the Defendant, Olga Ramirez was not at home. The Summons was

20 put through my door frame. On Tuesday, August 24, 2010 at

21 approximately 7:30 PM an unknown person came to my

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DEFENDANT’S NOTICE OF MOTION TO SQUASH SERVICE OF SUMMONS;
POINTS AND AUTHORITIES; DEFENDANT’S DECLARATION IN SUPPORT THEREOF
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5 door and inquired if I received the paper work but, did not

6 serve me with the Summons and Complaint-Unlawful Detainer.

7 A neighbor recognized the Landlord, Hein as the person who put

8 the documents through my door frame. The Defendant, Olga Maureen

9 Ramirez has not been served personally with any document such as
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a Summons and Complaint-Unlawful Detainer.
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I declare under penalty of perjury under the laws of the
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State of California that the foregoing is true and correct.
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DATED: September 7, 2010 ________________________________
15 Olga Ramirez,
Defendant In Pro Per
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DEFENDANT’S NOTICE OF MOTION TO SQUASH SERVICE OF SUMMONS;
POINTS AND AUTHORITIES; DEFENDANT’S DECLARATION IN SUPPORT THEREOF