Notice of related case or Motion to quash??

Asked over 1 year ago - Sacramento, CA

I am currently being sued out of state in two different counties in California for internet Libel by two of my uncles at the same time, I don't meet minimum contacts for CA and I have filed a motion to Quash on grounds of personal jurisdiction on the first summons but was hit with another Summons after one uncle republished the libel and mailed it to another uncle. Should I file a motion to quash on the other Summons or should i file a notice of related case or should I file both?? If both Uncles are aware of both lawsuits then shouldn't they have to file the notices??

Attorney answers (3)

  1. Herb Fox

    Contributor Level 17


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . A notice of related case won't substitute for a motion to quash the second summons. You need to act quickly so that your time for that second motion does not run. It does not matter who files the notice of related case, nor does it even matter if the notice is filed. The court may or may not consolidate the cases, depending on a variety of factors.
    At least as important is that you need to assess whether either or both cases - if they go forward beyond a motion to quash - are subject to an anti-SLAPP motion to strike the complaint. Such a motion is a powerful tool for a defamation defendant; if you win the plaintiffs will be ordered to pay some of your attorneys fees, and even if you lose, you can tie up the case at the Court of Appeal for years (assuming that the motion has merit).
    You should consult with a litigation or appellate attorney asap.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Andrew Daniel Myers

    Contributor Level 20


    Lawyers agree


    Answered . Personal jurisdiction defects in a complaint are attacked initially by a motion to dismiss for lack of personal jurisdiction. Jurisdictional concerns are not as simple as they may seem at first. So, I highly recommend that you retain a civil litigation attorney to unsnarl the issues. Here is an article on personal jurisdiction basics and reaching across state lines in law suits: [Click-Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  3. Matthew C Simon


    Contributor Level 18


    Lawyer agrees


    Answered . I agree with you as well as my colleague. It is not proper to file 2 lawsuits for the same issue in 2 separate venues. A Motion to Dismiss in lieu of an Answer would be the way I would handle it. If possible, retain an experienced civil litigation attorney ASAP. These can be complex issues which can affect the outcome of your case. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more

Related Topics

Personal injury and defamation

Defamation is any type of emotional or psychological personal injury that occurs when someone intentionally harms another’s character or reputation.

Personal injury and libel

Libel is the written or visual defamation of another person’s character. False statements can damage someone’s reputation, so it is a type of personal injury.

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