Legal Question in Business Law in California

If the lawsuit is barred by the prior bankruptcy, a motion in bankruptcy court would be the proper action.

A demurrer would have to be filed within thirty days of service. If you file motion quash service that should be done within the thirty days, for convenience though it can be done later. I usually avoid a quash motion by agreement for extensions with opposing attorney.

Sure, I'll be happy to help you at 'reasonable' hourly fees, but you need to learn what 'reasonable expectations' should be in this case. If you want to spend substantial attorney fees disputing validity of service issues, filing motions, having hearings, and ultimately maybe even forcing plaintiff to re-serve, you can. Or you can save those thousands of dollars and instead apply them to useful effort on the case. The first step is a letter to plaintiff's attorney pointing out the BK issues. if it actually does bar this suit. That needs to be determined though.

If the letter doesn't accomplish a dismissal, then accept reality and simply file Motions seeking dismissal, Demurrer, etc, as appropriate, moving the case forward to dismissal, settlement or trial. If serious about doing this, and the case is in SoCal, feel free to contact me.

Did your friend use an attorney in the bankruptcy case? If so, he/she should be at least consulted about the re-appearance of this claimant.

The plaintiff's attorney (or whomever) who set up the mailbox service was probably thinking of an ordinary landlord-to-tenant notice. However, attacking an improper service via motion to quash may only prolong the inevitable.........your friend will just be re-served, next time properly. The bankruptcy may be a complete defense to the suit, but it might not be. Who determined that the lease obligation was "largely discharged?" What about the portion that wasn't discharged? Did you friend properly declare the lease obligation in the bankruptcy case? Did the bankruptcy court make any specific findings regarding the lease? Was it reinstated?

You didn't provide a Zip code or indicate what court(s) have jurisdiction of the bankruptcy or civil cases, That information would be helpful to LawGuru attorneys who might be interested in offering their services.