Legal Question in Credit and Debt Law in California

Motion to Quash Service, is possible?

I was served--name removed--Summons Complaint though 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.

--name removed--demurrer to the Complaint was filed., yet--name removed--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, is--name removed--Motion to Quash Service based upon the the first original Complaint still possible now that, again, the amended complaint has been filed?

Essentially, does the Plaintiff's filing of--name removed--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.


Asked on 4/14/08, 8:48 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Motion to Quash Service, is possible?

I don't quite follow the sequence. If you filed the demurrer to the complaint, you have made a general appearance, submitted to the court's jurisdiction, and waived your right to bring a motion to quash service of the summons and complaint. You have 35 days from the date of mailing to respond to the first amended complaint.

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Answered on 4/14/08, 9:38 pm


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