Legal Question in Family Law in California

We want to file a Motion to Quash Summons for an Order to Show Cause (Family Law) re: child modification/support. We never received paperwork from the Petitioner regarding the hearing. We found out from a letter from her attorney (yet she filed in pro per?) that she filed a motion. We received a form from the post office for registered mail, but could not pick it up in time as we work the hours the post office is open. They close before we could get there. When we went to pick it up on Sat. it was sent back. So, we had to contact the court and there is a hearing set for 1/6/11 and mediation 12/14/10. I read we have to be served 16 calendar days before hearing and 10 additional days if we are out of the Sate of California we live in (MO). What is the deadline to file a Motion to Quash for defective service in San Diego Superior Court Family Division and do we serve the other party as well; what is the required time we have to be served if they file a new OSC; can they serve by regular mail if her attorney signs the proof of service; Isn't that a conflict? If so, what are the service filing rules as in days to file it before hearing. Thank you.


Asked on 12/05/10, 7:17 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You need to find out if they are claiming you were served. If they have filed a proof of service with the court, then they are claiming you were served.

If it was sent back, you weren't served, and they may have to move the hearing and attempt to serve you again. Have you considering contacting the attorney for the party and working all of this out, rather than engaging in costly law and motion practice?

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Answered on 12/13/10, 7:04 pm


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