Legal Question in Credit and Debt Law in California

Is Motion to Quash Service possible?

I was served a Summons Complaint while away.

It appears the substitution service where process server who left Summons at my door while I was away was not the person who filed service with the court, and who said he had personally delivered the Summons and Complaint (that's perjury), nor was it served per Civil Procedure Code.

A demurrer to the Complaint was filed, yet a Motion to Quash Service was not filed at the same time. Judge took demurrer hearing off calendar as Plaintiff filed an Amended Complaint.

As the Amended Complaint has been filed and I am still within appropriate amount of time to respond, my concern is whether a Motion to Quash Service based upon the the first original Complaint is still possible now that, again, the amended complaint has been filed?

Essentially, does the Plaintiff's filing of a Amended Complaint allow for Motion to Quash Service of the original Summons and Complaint (as well as the Amended Complaint whose service is also in question)?

Do you also know where such answers can be found and sited within California Code of Civil Procedure?

Thank you.

(apologies for any repetitive posting, but system has been acting strangely, and I was advised to re-post)


Asked on 4/14/08, 9:01 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Is Motion to Quash Service possible?

No, you cannot now file a successful motion to quash. Even had you timely filed a motion to quash instead of a demurrer, the court simply would have given you additional time to answer or demur to the complaint. The court is not going to throw out a case that you know about and can respond to. Where to find these answers in the Code of Civil Procedure? Hmm, let me see. I suppose that would be the statute that says jurisdiction must be in conformance with the United States Constitution, which in your case, it most definitely is.

Read more
Answered on 4/15/08, 1:43 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California