Legal Question in Appeals and Writs in California

Re: Should I File a Motion to Quash Service of Summons

You should be able to win on a motion to quash, but you must consider if there is any advantage to doing so. If you are not represented by an attorney, on your motion you are supposed to include your address in the upper left hand corner. So the will re-serve you. What will you gain except some time?

Re: Should I File a Motion to Quash Service of Summons

This question doesn't really belong in the Appeals and Writs category, but because another lawyer has already responded I will chime in.

There is no point in bringing a motion to quash unless and until the plaintiff files a proof of service which claims you were served properly. He may not have done this yet, especially if he realizes the service was defective. Filing prematurely would bring you the disadvantages Mr. Shers describes but would offer no advantage to offset them.

In most counties, the docket for any ongoing Superior Court case (along with those that ended in recent years) is available on-line. You may be able to determine the status of your case that way. Alternatively, you can go to the courthouse and examine the file yourself. You will probably want to do that anyway if the website says a proof of service was filed, since your motion to quash will be stronger if it rebuts the claims made in the proof of service.

Mr. Shers asks rhetorically what a motion to quash will accomplish for you, but he overlooks an important point. If the plaintiff thinks you live at your former address and you don't tell him or the court otherwise, he will continue serving papers there and will eventually get a default judgment against you. You will probably be able to get relief from that judgment, but having it on your credit record may cause real problems for you before it is cleared up. Besides, after you get relief from the default judgment you will still have to litigate the case.

Your best bet is to get a lawyer to represent you before any of these problems occur rather than after.

Re: Should I File a Motion to Quash Service of Summons

Sure, you could do that. And when you appear in court for the motion, he'll serve you personally and get the case on track. He'll also have your current address listed on your court pleadings, as required by court rules. Instead of playing 'hide and seek' games, deal with the suit; you'll have to sooner or later.