Legal Question in Business Law in California

Received Motion to Quash Service or Dismiss, stay action

Plaintiff received Defendants Motion to Quash or Dismiss action. Court Date is set. Does the Plaintiff need to write and file an Opposition to Motion or just arrive on court date to argue it? Also, how do I ask the court to reschedule a Breach of Contract trial date for time to subpoena?


Asked on 6/30/09, 2:45 pm

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Received Motion to Quash Service or Dismiss, stay action

You need an attorney or else you seriously risk losing your legal rights. You have to file papers within the time allowed by statute because the judge will probably make his tentative ruling before the court date.

Best,

Daniel Bakondi, Esq.

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 7/01/09, 1:18 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Received Motion to Quash Service or Dismiss, stay action

You thought that all you had to do was file a complaint in pro per, and you would get your day in court. Doesn't work that way. If you don't know what you're doing, you shouldn't be filing papers in court. You need to file timely opposition or you'll lose. Hire a lawyer or read Rutter Group California Civil Procedure Before Trial.

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Answered on 6/30/09, 3:02 pm
Terry A. Nelson Nelson & Lawless

Re: Received Motion to Quash Service or Dismiss, stay action

Any Opposition to motions, or Motions you want to bring, must be timely filed and properly prepared with factual and legal arguments, points and authorities, etc. Unless you file Opposition, their Motion will be granted by default. As it appears you do not know what to do to present your case, you would be well advised to hire an attorney that does. If serious about doing so, and if this is in SoCal courts, feel free to contact me.

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Answered on 6/30/09, 5:02 pm


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