What type of motion should be filed?

Asked about 1 year ago - Burbank, CA

Plaintiff has violated CCP 583.210 which states "[t]he summons and complaint shall be served upon a defendant within three years after the action is commenced against
the defendant." What type of motion must be filed in order to prevent the case from moving forward? What would the caption of the motion read? Thank you.

Attorney answers (2)

  1. Adrienne Patricia Allen

    Contributor Level 15

    1

    Lawyer agrees

    Answered . A Motion To Quash Service of Summons and Motion To Dismiss. Or you can file a Demurrer (instead of an Answer to the Complaint.) It would be best if you get an attorney to file these motions for you since it's a matter of such importance. There are very short deadlines to file these motions as well. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Malosack Berjis

    Contributor Level 19

    Answered . As Ms. Allen has correctly stated, you would need to file two motions--that is, both a Motion to Quash Service and a Motion to Dismiss. But, do yourself a favor and hire an attorney to do these for you. Best of luck

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