Legal Question in Civil Litigation in California
If defendant files & serves a Motion To Quash Service of Summons & Complaint, and also filed a [Proposed} Order, BUT did NOT serve Plaintiff with the [Proposed] Order, can Plaintiff move to strike Defendant's Motion from the court calendar or move for sanctions against defendant for failing to follow procedures, because CCP 1005 (4)(b) states: Unless otherwise ordered or specifically provided by law, ALL
moving and supporting papers shall be served and filed at least 16
court days before the hearing. ..... California Rules of Court Rule 3.1113(m) also states: If a proposed order or judgment is submitted, it must be lodged and SERVED with the moving papers but must not be attached to them. .....or would those defendant's defects be of any help to Plaintiff in opposing Defendant's Motion To Quash, to cause the court to deny Defendant's motion on those defects?
1 Answer from Attorneys
The motion to strike will almost certainly fail, as will any motion for sanctions. I have never heard of a judge imposing a sanction like that for a minor rule violation. Indeed, I am not convinced that the proposed order constitutes a "moving" or "supporting" paper.
You really should contact the opposing party, politely point out that the proposed order should have been served, and ask that a copy be sent to you as quickly as possible. More importantly, you should focus on the merits of the motion -- which is precisely what the judge will do.
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