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If a judge "strikes" a motion to "quash", based on a filing error, can I still file the same motion in 5 days?

La Puente, CA |
Attorney answers 2

Best Answer
Posted

You might be able to file an amended motion, but this time you have to have the husband show up for the hearing.

R. Jason de Groot, Esq., 386-337-8239

Posted

What to you mean by a "filing" error? And why would you only have 5 days to refile? It is because your 30 day deadline from service of the summons is coming due?
Putting those questions aside, if the motion was stricken for a true "filing error" - and I am gueesing that you mean some kind of technical error and that it was not stricken for its merit - there should be no impediment to refiling it as long as you correct that error (of course). If you want any more specific advice you should consult with an attorney.

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Asker

Posted

Thank you Mr. Fox for your reply. In "filing error", I mean, I showed up a hearing (Unlawful Detainer), in "pro per", for my husband, ....he's a dialysis patient, and so I thought if I became his Power of Atty. I could then stand in for him, in "pro per", well, I was in for a quick lesson, by the judge, as to how not to ever show up in court again, in that manner...so, he "struck" the motion. He asked the Plantiff's cousel what he thought and if he had anything to say, and he said "no". The judge then proceeded to tell me I had five days to then answer the summons.

Herb Fox

Herb Fox

Posted

OK, then you have five days. Whether you should file an answer or another motion to quash I cannot answer, not knowing the circumstances and facts regarding service of the summons.

Asker

Posted

Thank you, that's basically all I needed to know.