Does a motion to quash service of summons for an officer of a foreign corporation have the effect of making a general appearance?

California, United States of America


The following excerpt is from O'Keefe v. Miller, 231 Cal.App.2d 920, 42 Cal.Rptr. 343 (Cal. App. 1965):

Respondents cite and rely upon Davenport v. Superior Court, 183 Cal. 506, 191 P. 911. In that case plaintiff served summons and complaint upon an officer of two foreign corporations, neither of which had ever done business in this state. Attorneys for these corporations obtained an order of court extending time to plead. Their motion thereafter made to quash service of summons was granted. Plaintiff argued that defendants had made a general appearance. The court held: 'The order given by the judge to the defendants' attorneys extending the time within which the defendants might plead to the complaint in the action therein did not, under the circumstances of this case, have the effect of a general appearance in the action * * *.' (Italics added.)

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