Iverson

Petitioners seek a peremptory writ of mandate directing the superior court to vacate its order granting real party in interest’s motion to quash service of summons. We are asked to determine whether a local superior court rule (Orange County Superior Court Law and Motion Rules, rule 520, subd. (C)(2)) and California Rules of Court, rule 317(a) dealing with the time allowed for filing papers in opposition to a written motion are inconsistent with Code of Civil Procedure section 1005. We find they are and thus do not have the force of law. We therefore issue the writ.

Petitioners own a Piper Cheyenne aircraft whose engines were manufactured by real party in interest. Petitioners brought suit against real party in interest and others after an engine fuel controller allegedly failed and caused extensive damage.

Real party moved to quash service of summons for lack of personal jurisdiction. Petitioners filed papers in opposition to the motion five calendar days (three court days) before the hearing. The superior court refused to consider the opposition papers stating they were not timely filed since they did not meet the time standards set forth in California Rules of Court,…