Legal Question in Personal Injury in California

Every pro per thinks the judge is prejudicial to the other side, when in fact the judge is just following the law and is impatient with a pro per who doesn't know what the hell they are doing, and is wasting everyone else's time and money. If the other side has an attorney, no attorney in their right mind files a motion to quash that is not well founded. You blew the service somehow. Concede the motion and have the papers properly served.

As Mr. McCormick notes, there is a very good chance the other side is right on the law. If you disagree and want to fight it, you need to prepare and file an opposition. That is how to resist most motions. An objection is not the correct response.

Good luck.

Without having read the motion to quash, it appears that the defense believes that the summons and complaint were improperly served. Hire a registered process server or sheriff to properly serve the defendant -- usually by personal service, or by substitute service to an adult at the residence and then mailing it to the defendant at the same address. Sometimes, attorneys might even accept service by signing a notice and acknowledgment, although it doesn't sound like the defense attorney would want to do you any favors.

Even if the court should quash the service, you still could have a registered process server or sheriff properly serve the summons and complaint. If you win at trial, you should be able to recover the cost of service of process.