Legal Question in Civil Litigation in California

Motion to Quash, Set Aside Default

I am a defendant in a civil action. Service was made by substituted service on my mother at her home. I did not live there at the time. A default has now been entered against me. Should I file a Motion to Quash or a Motion to set aside Default? Or should I file them concurrently? Also, do I need to have an answer to the complaint prepared and attached to the motion? Do I also have to have an order setting aside the default prepared for the judge to sign should it be granted?


Asked on 4/14/09, 11:56 am

2 Answers from Attorneys
Mark Russakow Russakow, Ryan and Johnson

Re: Motion to Quash, Set Aside Default

You would probably be better off doing a motion to set aside default and file it concurrently with a proposed answer. Motions to quash even if granted will just result in proper service and then doing an answer. Also, since you are in default, you are in a bad position to be wasting time and money that could be better used to set aside the default and proceed with your case.

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Answered on 4/14/09, 12:09 pm
Mark Russakow Russakow, Ryan and Johnson

Re: Motion to Quash, Set Aside Default

You would probably be better off doing a motion to set aside default and file it concurrently with a proposed answer. Motions to quash even if granted will just result in proper service and then doing an answer. Also, since you are in default, you are in a bad position to be wasting time and money that could be better used to set aside the default and proceed with your case.

Read more
Answered on 4/14/09, 12:09 pm


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