The caption should read NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF xxxx.
A motion to quash does not constitute a general appearance. You would need to have already made a general appearance in the case (by filing an answer) before you can move to dismiss for failure to prosecute. In any event, I highly doubt you have a legal basis to move to dismiss for delay of prosecution, so it would be improper to combine such request with a motion to quash.
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.
I agree with attorney Chen
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