Legal Question in Civil Litigation in California

I returned home from work to find a summons laying on the walkway approaching my residence. Not in an envelope or not in a secure area - just left out in the open for anyone to stumble upon. The server asked a neighbor for my physical description. I notice they have filed proof of personal service. Does this qualify as legal service? and could I file a motion to quash?


Asked on 10/03/11, 2:07 am

3 Answers from Attorneys

It sounds like you have a good case for a motion to quash, but really what good does that do you? They will just find you and serve you again, properly this time. Motions to quash are rally useless unless they are in support of a motion to set aside a default or judgment. Otherwise, you have notice of the action, you have the complaint. You know enough about the system to figure out that they have filed a proof of service. Save your time and money and just file an answer and get on with defending or settling the lawsuit.

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Answered on 10/03/11, 10:00 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If your neighbor is willing to testify that the process server asked for your physical description then yes, you may have a very good motion to quash and you may have a good lawsuit against the process server for filing a false return of service. Eventually though you will have to defend the lawsuit. Consult an attorney.

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Answered on 10/03/11, 12:55 pm
Anthony Roach Law Office of Anthony A. Roach

I agree that you have grounds for a motion to quash, as that is not proper service. Unfortunately, all a motion to quash will do is delay everything, and you will get reserved. (Or maybe not at all this time, given the quality of the service by your opponent.)

You may want to speak to an attorney and look into defenses to the case.

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Answered on 10/03/11, 1:29 pm


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