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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: CA Real Estate
Satisfied Customers: 118727
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Attached is: Proof of Personal Service Motion to Quash You

Customer Question

for Law EducatorAttached is:
Proof of Personal Service
Motion to QuashYou will recall our previous discussion regards ***** ***** serving the Order to Show Cause. So, I took your advice and hired a PI who got the job done. In every respect this PI seemed to be reliable. And, he is with a large firm that covers all of California. He had a picture of Ashton in his possession when he performed the service. However, Ashton is now stating that he was in Texas and therefore could not have been served as stated on the Proof of Personal Service. So, I am in the process of responding to Ashton's Motion to Quash. Do you have any suggestions? Apparently, Ashton is accusing me of filing a false Proof of Service. Probably that is a criminal offense for both me and the PI. Are the documents provided by Ashton as evidence convincing to the Judge? Don't they require some authentication? Also, it is possible that the documents are correct and Ashton simply did not travel as they state. Obviously, I want the OSC matter to be heard on October 14. Is this Motion to Quash sufficient to cause the judge to remove this from the court calendar? Do you have any other suggestions?
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need an affidavit from the PI to attach to your objection to the Motion to Quash and you will need to call the PI to testify that he properly served him. The claims of Ashton are frivolous unless he has actual evidence or proof of his claims. His documents are not enough if you have the PI testifying that service was proper and you should be moving to dismiss and seeking sanctions for Ashton's continued frivolous and dilatory motions.
Of course he requires proof. You can ask for the OSC to be heard at the same time as the motion to quash and it is up to the judge to determine whether or not they will do so. Thus, in your objection to the motion to quash you argue it is false, ask for damages for filing the dilatory motion and ask that the MTQ be heard at the same time as the OSC.