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N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
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Experience:  since 1983
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Is the court form CIV-110 (Request for Dissmissal) good to

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Is the court form CIV-110 (Request for Dissmissal) good to file a Motion to Dismiss?
Has the opposing party filed a responsive pleading yet?
Customer: replied 4 years ago.


No. I have inproperly served by the Summons for UD : with no plaintiff's address and no copy of complaint. As a result I would like to file the motion to dismiss and do not know if CIV-110 form works for it.

I'm sorry I am confused by your answer.

Are you a defendant who was served improperly with a Summons?

Or are you a plaintiff who wants to dismiss and refile the case later, or dismiss it and not refile it?
Customer: replied 4 years ago.


Sorry for the confusion. I was improperly served by Plaintiff. I am a Defendant and I would like to file a motion to dismiss, but could not find the right form for it.

Thank you for clarifying that. In your situation the defendant would normally file a motion to quash service of process due to the defective service.

There is no statewide form for this but some counties have local forms. If you tell me which county this is in I can look to see if there is a local form.
Customer: replied 4 years ago.


County of Los Angeles


 

There is no local form, and the CIV-110 is not appropriate. There is a sample of what you need posted at
http://www.slideshare.net/LegalDocsPro/sample-motion-to-quash-service-for-california-eviction
but there are better samples available at the County Law Library. The librarian can point you to legal practice form books that will have what you need, such as Bender's California Forms of Pleading and Practice.

Giving you a summons with no copy of the complaint was definitely inadequate service so you do have grounds for the Court to grant a motion to quash service.

I hope this information is helpful.
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