Legal Question in Personal Injury in California
Served incorrectly.
I am being sued and was served at my home address. When looking at the docs, a proof of sevice was not included, the notice of case management conference and order forms has the incorrect dates ( I had to call the court house to get the correct date for the case management conference) and I was served 4 days before the deadline of my response (including the weekend, which only leave me 2 days to respond.) Should I file a motion to quash?
3 Answers from Attorneys
Re: Served incorrectly.
No, you should contact a lawyer about responding to the lawsuit.
Re: Served incorrectly.
I see no basis for a motion to quash.
The proof of service need not be served along with the summons and complaint. The plaintiff only found out when and how you were served after it happened, so there was no way to include this information in papers that were prepared beforehand.
The due date for your response is calculated from the date you were served, not from the date the action was filed. You thus were not served "4 days before the deadline", unless you had been served previously by other means.
The incorrect CMC date is a problem, but just a minor one. It would not justify a motion to quash.
As Mr. Stone says, you need to get a lawyer and respond to the summons and complaint.
Good luck.
Re: Served incorrectly.
I would generally agree with Mr. Hoffman, but would add that, if you have any insurance that would possibly cover the activity involved in the suit, you should notify your insurance company right away. The insurer should provide you with an attorney to represent you. Plus, your insurance contract probably requires you to make notification within a certain time.
If you do not have any insurance, you should consult an attorney for advice.
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