Legal Question in Civil Litigation in California

Can a Plaintiff conduct discovery in much the same way as the standard Form Interrogatories and Special Interrogatories are done when defendant's Motion To Quash Service of Summons & Complaint is on calendar, because In the holding in: 1880Corp. v. Superior Court (1962) 57 Cal. 2d 840, 843 [22 Cal.Rptr. 209, 371 P.2d 985], it states: "The plaintiff has the right to conduct discovery with regard to the issue of jurisdiction to develop the facts necessary to sustain this burden.,,,,so, does defendant have 30 days to respond?.....Plaintiff's box heading will read like this: PLAINTIFF�S REQUEST FOR

PRODUCTION OF DOCUMENTS

SET ONE

RE: DEFENDANT�S MOTION TO

QUASH SERVICE OF SUMMONS

AND COMPLAINT

and since it takes 30 days to respond, and Defendant's motion is near, does Plaintiff go Ex-Parte to continue defendant's motion, or is it requested at the Motion hearing.


Asked on 2/02/15, 4:14 pm

1 Answer from Attorneys

It depends on why the defendant is moving to quash service. If it is moving to quash on the grounds that the California courts do not have personal jurisdiction, then 1880 Corp. doe, indeed, stand for the preposition that you may conduct discovery to obtain evidence limited to the issues of jurisdiction in order to respond to the motion. If, however, the defendant is moving to quash on the grounds that service was not properly effected, then I don't see how 1880 Corp. supports discovery before the motion is heard and the service ruled good.

As for timing, you have the choice to ask for a continuance, or for an order shortening time for the answers to be due.

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Answered on 2/02/15, 4:44 pm


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