Legal Question in Civil Litigation in California

I want to file a "NOTICE OF MOTION TO QUASH SERVICE OF SUMMONS" in state of California.

My attorney is suing me for "Breach of cntract/warrenty" and the summons were left with the post office clerk with a ficticious name. I want to know the format of the form. As the county court website doesn't have a form for "Motion To Quash" I appreciate if anybody can provide me format or advice where this form can be obtained from and appropriate details on filing "Motion to quash service of summons" I appreciate your help.


Asked on 4/07/11, 11:40 pm

2 Answers from Attorneys

Go to your county law library and ask the librarian to show you California Forms of Pleading and Practice, published by Matthew Bender. You will not find a form you can just fill in there, but you will find a sample of just about any motion you would need to make and you can copy that format.

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Answered on 4/08/11, 9:38 am
Herb Fox Law Office of Herb Fox

Mr McCormick's advice is good. But one question is: why bother? If you win the motion, the attorney will in all likelihood re-serve you, and make it stick. So unless buying time is important or there is another collateral reason to make him try to find you, the effort is a waste of time.

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Answered on 4/08/11, 8:04 pm


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