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Motion to Quash Service in California - Time Question


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According to Code of Civil Procedure § 418.10.b, the hearing on a motion to quash service must be within 30 days of the filing of the motion, but when I called the court to get an assigned hearing date to prepare the motion, they gave me a date three months away.


 


The clerk accepted my motion to quash and put the hearing on calendar on that future date.


 


I'm presuming it's okay since the court sets the date, but does anyone know why the date is so far away and if the plaintiff can oppose the motion on the grounds it's not within the 30 day window? Is there something I'm missing?


 


Thanks in advance. I started a new thread on this from here: http://www.creditinfocenter.com/community/topic/322480-substituted-servicediligence-timeline-question-in-los-angeles-county/ because if I need to take further action on the motion itself or even redo it, that needs to happen fairly quickly.


 

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  • 2 weeks later...

The reason it's scheduled so far off is because the court has a full docket (it's probably clogged with debt collectors filing suits).

 

Your opponent can always file an opposition to motions you file with the court (and vise versa), but probably won't get very far If that is the next available hearing date.

 

You may want to check what the local rule says about it (if anything). I doubt it's going to be a problem for you.

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According to Code of Civil Procedure § 418.10.b, the hearing on a motion to quash service must be within 30 days of the filing of the motion, but when I called the court to get an assigned hearing date to prepare the motion, they gave me a date three months away.

 

The clerk accepted my motion to quash and put the hearing on calendar on that future date.

 

I'm presuming it's okay since the court sets the date, but does anyone know why the date is so far away and if the plaintiff can oppose the motion on the grounds it's not within the 30 day window? Is there something I'm missing?

 

Thanks in advance. I started a new thread on this from here: http://www.creditinfocenter.com/community/topic/322480-substituted-servicediligence-timeline-question-in-los-angeles-county/ because if I need to take further action on the motion itself or even redo it, that needs to happen fairly quickly.

 

Do you have a sample form of MTQ to see I need to file one and it has to be on pleading paper- File by Fax is not valid for motions 

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I don't have a sample form for the motion to quash, I basically did a search and found sample motions and created my own. I think there's some examples posted on this website. It's not really a form, it's a pleading. You have to do it right, though.

 

It was a notice of motion, motion to quash service, memorandum of points and authorities, and my declaration. Plus the proof of service by mail to the plaintiff.

 

I created pleading paper in Word. It's basically just numbers down the left side of the page and to the left of a vertical line. Once I had the motion, I just added the numbers and the line.

 

I filed my motion by fax in Chatsworth (LA County) and it was accepted. You just have to include a fax submission form, which I downloaded from the court website. You have to pay for the fax filing and fill in credit card info so they can charge you for each page. I think it was a dollar a page, andI had five.

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Do you have a sample form of MTQ to see I need to file one and it has to be on pleading paper- File by Fax is not valid for motions 

http://www.creditinfocenter.com/community/topic/322480-substituted-servicediligence-timeline-question-in-los-angeles-county/page-2

 

look at my post on page 2.  just copy and paste this onto pleading paper in MS Word or any other similar program.  edit to fit your needs.

 

Just find a document online called pleading paper.  It is just a document with numbering along the left side double spaced.

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