Legal Question in Civil Litigation in California

Re: Filing of Motion to Strike

You need to do a motion to quash service, not strike.

Re: Filing of Motion to Strike

You should not try to litigate this yourself. There is $30,000 plus at stake here, and you do not know what you are doing. That is generally not a good idea.

A motion to strike is not the correct paper for you to file. If you want to challenge service, then you need to file a motion to quash.

However, when you appear to argue the motion to quash, they will just serve you then. There is no point to it, unless you have a lawyer who can appear for you and a reason to think that they will not be able to serve you later.

Personal service requires a response within 30 days of service, not when they filed the proof of service.

The latest that you would need to file a responsive pleading is March 20, assuming they filed the proof the same day they "served" you. This is the outside date, the actual date would be sooner.

Please email me to discuss this in more detail.

Re: Filing of Motion to Strike

If this is a typical civil lawsuit you would have 30 days to "respond" to the lawsuit. The response would typically be a written response that is filed with the court and a copy served on any other parties to the lawsuit.

Considering the amount of money you are being sued for, I recommend that you consult with a local attorney as soon as possible!

Although you may consider the lawsuit to be bogus an attorney is much more likely to be able to evaluate the risks involved in the lawsuit as well as any potential for filing any cross-complaints against other parties.

Let me know if you want to talk about this.

Caleb

Re: Filing of Motion to Strike

The other attorneys answering have already covered some basics: (1) a motion to quash is the way to challenge service, (2) thirty days from service to respond (not when it was filed with the court), and (3) based on the way your post was worded and the amount of money involved, you really should consider retaining an attorney. My further comment: (1) a motion to quash may just be a waste of time and money, (2) if you don't respond timely, you will be defaulted and/or lose the ability to file a motion to strike or demurrer, which may or may not be a good strategy after evaluating the lawsuit and (3) based on the proof being filed with the court, they think you have in fact been served properly and there will be a presumption under the law that you have been. I would add my voice to the others advising you that you need expert counsel. Since you are close to the response date, you may want to request an extension of time to respond from the opposing attorney on the basis that you are attempting to retain counsel. That may prevent a default from being filed before you can act.