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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Pearl, JA: The Lawyer will need to help you with this.

Customer Question

Hi Pearl,
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: We have a question about quashing a subpoena for a Superior Court Case in San Diego. The issue is as follows: a suit was brought by defendant in Small Claims. Defendant was then sued (retaliatory) in Superior Court with an ex party to join the two cases. Ex parte was refused, the Small Claims went forward and the presiding judge is now studying the case. We are filing a general denial for the Superior Court Case- do we need to do file a movement to quash if the Court accepts the denial?
JA: Is there anything else important you think the Lawyer should know?
Customer: Hmmm... yes. In brief: the Small Claims went forward, no agreement was achieved in arbitration. The party suing in Superior Court is claiming fees arising from the dispute in Small Claims (this is an HOA case)- and saying that Discovery is needed in regards ***** *****)claims of a breach of contract (lien remains on property to be sold), b) prejudicing the sale of property as a result of lien, c) willful refusal to answer questions about fees pursuant to a settlement/contract regarding settlement of back HOA fees and a clearing of the books to 0, possible self-enrichment on the part of the lawyer, and general legal harassment on part of HOA lawyer.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
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.
No, if you want the case dismissed, now that you filed your general denial, you should file a motion to dismiss. Filing a general denial is nothing more than your answer. If you believe there is no basis for the suit, then you need to file a motion to dismiss and ask the court to dismiss it based on the fact the suit about Small Claims fees is premature because the case is in small claims and still ongoing and also that any fees from that suit should be handled in the small claims case.
Customer: replied 1 year ago.
Super! Thank you so much! We have filed an answer, a general dismissal and are now filing a motion to quash. Any advice?
Expert:  Law Educator, Esq. replied 1 year ago.
I would file the motion to dismiss, not a motion to quash. You filed a general denial, you can file a motion to dismiss and argue how there are no legal grounds for the court to grant a judgment in the case.