Yes and often done when service is challenged and a motion to quash is filed.
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Yes, absolutely. If the defendant is representing himself or herself in pro per, or if the defendant is represented by counsel but also shows up at the hearing on the motion to quash, the plaintiff can simply re-serve the summons and complaint at the courthouse. This is why filing a motion to quash service of summons is disfavored.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Yes. This is one of the reasons a motion to quash is usually a waste of time - the defendant will simply be served in the courtroom when the case is called.
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