Legal Question in Civil Litigation in California
If a Defendant has a Motion To Quash Summons & Complaint on calendar and served Plaintiff with said Motion, and then the Plaintiff has a registered process server, serve them properly, 1 week before the Motion hearing, would the Judge take that into consideration and deny Defendant's said Motion? Would that recent service of process render defendant's motion as moot?
1 Answer from Attorneys
The court would not take it into consideration. The plaintiff has two choices. If it really matters (and I can't think of when or why it would) that the defendant be held to have been served on the date of the contested service, the plaintiff must go forward to defend the original service as valid, and then the second service becomes back-up in case they lose the motion. If it doesn't matter, then it saves everyone money, time and trouble if the plaintiff just contact the defendant's attorney and offer to stipulate that the first service was invalid and go forward based on the second.
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