What to write in the caption of a civil motion.

Asked over 1 year ago - Burbank, CA

A motion is being made to (1) quash service of summons and complaint and to (2) dismiss the complaint for delay of prosecution. What should the caption read? "Notice of Motion and Motion to Quash Service of Summons and Complaint and Dismiss the Complaint for Delay of Prosecution? Should it not read "Notice of Motion[s]..."?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    6

    Lawyers agree

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    Answered . The caption should read NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF xxxx.

    A motion to quash does not constitute a general appearance. You would need to have already made a general appearance in the case (by filing an answer) before you can move to dismiss for failure to prosecute. In any event, I highly doubt you have a legal basis to move to dismiss for delay of prosecution, so it would be improper to combine such request with a motion to quash.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . See my answer to the later re post of this question.

  3. Constantine D. Buzunis

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with attorney Chen

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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