Los Angeles, CA asked in Family Law for California

Q: Do I have to serve a Motion To Quash hearing to the other party or his attorney? That portion was crossed out!

I efiled and got my docs back with the service portion crossed out.

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: All motions are required to have a proof of service on the other parties, even Ex-Parte Applications, which mean "without notice" have to have a declaration of Ex-Parte notice. There are also requirements in the CCP for how many day's notice you have to give for the motion (21 plus time for eservice or mailing). I think it is CCP 1008. Consult a local attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.