§ 418.11.Appearance At Hearing For Ex Parte Relief

Ordinarily, a defendant who makes a general appearance without first challenging the court’s jurisdiction loses the right to do so later. Section 418.11 carves out a narrow protection from that rule. An appearance at a hearing at which ex parte relief is sought, or an appearance at a hearing for which an ex parte application for a provisional remedy is made, is not a general appearance, and it does not waive the right to bring a motion to quash service of summons under § 418.10.

This lets a defendant show up to oppose emergency or provisional relief — a temporary restraining order or a preliminary attachment, for example — without being forced to choose between defending against that immediate request and preserving a later jurisdictional challenge. Without this section, appearing at such a hearing could otherwise be treated as submitting to the court’s jurisdiction generally.