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What type of motion should be filed?

Burbank, CA |

Plaintiff has violated CCP 583.210 which states "[t]he summons and complaint shall be served upon a defendant within three years after the action is commenced against
the defendant." What type of motion must be filed in order to prevent the case from moving forward? What would the caption of the motion read? Thank you.

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Attorney answers 2


A Motion To Quash Service of Summons and Motion To Dismiss. Or you can file a Demurrer (instead of an Answer to the Complaint.) It would be best if you get an attorney to file these motions for you since it's a matter of such importance. There are very short deadlines to file these motions as well. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


As Ms. Allen has correctly stated, you would need to file two motions--that is, both a Motion to Quash Service and a Motion to Dismiss. But, do yourself a favor and hire an attorney to do these for you. Best of luck

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