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Notice of related case or Motion to quash??

Sacramento, CA |

I am currently being sued out of state in two different counties in California for internet Libel by two of my uncles at the same time, I don't meet minimum contacts for CA and I have filed a motion to Quash on grounds of personal jurisdiction on the first summons but was hit with another Summons after one uncle republished the libel and mailed it to another uncle. Should I file a motion to quash on the other Summons or should i file a notice of related case or should I file both?? If both Uncles are aware of both lawsuits then shouldn't they have to file the notices??

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Attorney answers 3

Best Answer

A notice of related case won't substitute for a motion to quash the second summons. You need to act quickly so that your time for that second motion does not run. It does not matter who files the notice of related case, nor does it even matter if the notice is filed. The court may or may not consolidate the cases, depending on a variety of factors.
At least as important is that you need to assess whether either or both cases - if they go forward beyond a motion to quash - are subject to an anti-SLAPP motion to strike the complaint. Such a motion is a powerful tool for a defamation defendant; if you win the plaintiffs will be ordered to pay some of your attorneys fees, and even if you lose, you can tie up the case at the Court of Appeal for years (assuming that the motion has merit).
You should consult with a litigation or appellate attorney asap.

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Because I don't live, visit,have any contacts or do business in California, nor did the statement of the alleged event that is being questioned happen in California I feel pretty strong that the Personal Jurisdiction will suffice in both cases. If it doesn't work then I will file a notice for related case and go that route I guess. after weeks of reading California civil law statutes and precedent setting cases on internet libel I just can't fathom how they would have Jurisdiction over me over one statement. According to the Calders Effect I would have had to made reference to the State of California in my defamation statement, which I did not. I'm also concerned that hiring an attorney in California would be grounds for California to say that I had met minimum contacts by hiring interstate legal services.


Personal jurisdiction defects in a complaint are attacked initially by a motion to dismiss for lack of personal jurisdiction. Jurisdictional concerns are not as simple as they may seem at first. So, I highly recommend that you retain a civil litigation attorney to unsnarl the issues. Here is an article on personal jurisdiction basics and reaching across state lines in law suits: [Click-Blue-Link-Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


I agree with you as well as my colleague. It is not proper to file 2 lawsuits for the same issue in 2 separate venues. A Motion to Dismiss in lieu of an Answer would be the way I would handle it. If possible, retain an experienced civil litigation attorney ASAP. These can be complex issues which can affect the outcome of your case. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.