Where do I get a form to file a motion to quash in CA?
I've found other forms but not one for this in particular. Or do I just need to write a memo to the plaintiff's atty and the court?
Answers:
That's a pleading, there isn't a judicial council form for a motion to quash. You generally need to call the court before filing it (as in, call the clerk for the judge assigned to your case) and get a court date. Make sure you serve it to the other side and include a proof of service when you file it.
Here's what it looks like, though:
Notice of Motion to Quash Service of Summons for Lack of Personal Jurisdiction.
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF ___________________
______________________ [name]
Plaintiff,
vs.
______________________ [name]
Defendant. )
Case No. ___________________
NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS
Date: ___________________
Time: ___________________
Location: ___________________
Judge: ___________________
Date Action Filed: ___________________
[Trial Date: ___________________]
To ___________________[name], plaintiff, and to ___________________[name], his/her attorney of record:
NOTICE IS GIVEN that defendant ___________________[name] appears specially to make this motion only and, so specially appearing, does and will, on ___________________[date], at ___________________[time], or as soon thereafter as the matter may be heard, in [___________________ (Department or Division) ___________________ of] this court, located at ___________________[street address], ___________________[city], move for an order quashing the service of summons on this defendant [and staying or dismissing the action]. The motion will be made on the ground(s) that the court lacks jurisdiction over the person of this defendant [and that California is an inconvenient forum and this action, in the interest of substantial justice, should be heard in a forum outside this state].
The motion will be based on this notice of motion, on the declaration(s) of ___________________[name(s)], and the supporting memorandum served and filed with this notice of motion, on the records and file in this action, and on such evidence as may be presented at the hearing of the motion.
Date: ___________________.
______________________ [firm name]
______________________ [signature]
______________________ [typed name]
Attorney for Defendant ______________________ [name]
Try the clerks office to obatin one. I have not found any for this particular issue myself online.
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