Legal Question in Civil Litigation in California
Can the plaintiff try and serve me before court date after I filed motion to quash service?
I filed a motion to quash service for improper service and the court set a date.
Can the plaintiff try and serve me again before the court date or does the plaintiff have to wait until the court date before trying to serve me again?
4 Answers from Attorneys
The plaintiff can try to serve you, again, even before the court date.
Can he? Of course. You complained about defective service, so he is doing it again 'right' this time. You should deal with the lawsuit defense instead of wasting time contesting service. If this is in Superior Court and you are serious about hiring counsel for this, feel free to contact me.
I agree with Mr. Saltzman and Mr. Nelson. Your motion challenges the validity of a particular attempt to serve you. There is no good reason to forbid other attempts while the motion is pending.
All the attempt to serve you before the hearing means is that they are willing to concede you may be right. A motion to quash is a motion by you to have the court say "the original service is invalid, Plaintiff; you have to do it again and do it right." Why would the law require them to wait for that order rather than just doing it again right without a hearing? The law does not require futile efforts, especially futile efforts that waste court time and resources. So the law not only does not prohibit them from trying to serve you again, it encourages it.
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