Legal Question in Civil Litigation in California

If a Defendant (a Company) files a "Motion To Quash Service of Summon & Complaint", and also concurrently, files a Demurrer to the complaint (both to be heard on same court date), doesn't the Demurrer moot their "Motion To Quash Service of Summons & Complaint", because by filing a demurrer, they're basically responding to the complaint, but aren't they contradicting themselves by filing a Motion To Quash Service of Summons/Complaint, because they claim they weren't properly served, yet they respond to the complaint with a demurrer? ...... Would Plaintiff have grounds to go Ex-Parte Motion To Strike Out Defendant's Motion To Quash Service of Summons & Complaint, from the court's docket motion calendar/register of actions, because there already is a Demurrer on calendar?

Asked on 1/12/15, 4:21 pm

Charles Perry Law Offices of Charles R. Perry

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No. CCP Section 418.10 expressly allows alternative motions. There is no basis for a motion to strike based on the theory you set forth.

Answered on 1/13/15, 2:52 am

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