I filed mot to quash summ and complaint- plaintiffs counsel sent another unretained appearance attorney to the hearing who " specially appeared" and I did not appear. the hearing was continued by plaintiffs but now I am not able to attend and I tried court call and they called the dept. clerk and she told them I needed their permission to use court call and since I was a no show at the last hearing they want me there. I cant make it and the plaintiffs still have not cured the serious deficiencies in the summons and complaint so I am going to rely on the merits of my motion and reply brief. Is this just foolish hopefulness that the judge will not penalize me for this situation? note: their is no court order demanding my presence just an informal exchange by the court clerk and the court call representatives who relayed the message to me when I was trying to schedule the appearance bt phone.
If you fail to attend the hearing, the court may take it as an abandonment of your motion to quash and order you to answer. The court has other remedies, too.
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It is within the court's discretion whether or not to rule on your motion to quash without your presence. In some instances, if there is a tentative ruling, you can call the court clerk to "submit on the tentative". In other instances, the court will indeed rule without the moving party's presence. Just note that if you do show up and the motion to quash is based upon defective service of process, you could be re-served with the summons and complaint in the courtroom.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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