Pensacola, FL asked in Gov & Administrative Law for California

Q: Do you have to pay more than one fee to respond to the same complaint in CA? For a quash and then an answer?

I believe that there are at least two ways the person filing a complaint against me failed to follow procedure: sending the summons via certified mail herself to me out of state (instead of someone else sending it ) and filing the complaint with only one page, not even clarifying what I have supposedly done worthy of suing (in the case of 10 plus other people being sued as well).

If I quash it /pay the fee for quashing, do I then have to pay again a new fee if the person than corrects her errors on the same case and then I have to answer?

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3 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: I haven't had to do this, but you won't pay two initial filing fees. The motion fee, however, would be separate.

Motion to Quash (cancel) Service of Summons:

This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read Sections 413.10 – 418.10 of the Code of Civil Procedure about service carefully so you can explain to the court why you were not served properly. If you win this motion, the plaintiff will probably have to serve you again and then you will have 30 more days to file a response. If you lose, the court will give you a few days to file your response. You must create your own Motion on pleading paper.

https://www.occourts.org/self-help/self-help-civil/i-have-been-sued-civil#:~:text=Motion%20to%20Quash%20(cancel)%20Service,you%20were%20not%20served%20properly.

1 user found this answer helpful

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: The initial filing fee may not be required for filing a motion to quash, but I would need to check. The fact is the motion to quash is often more time and money than it's worth. Which is why I, and most attorneys, deal with it differently.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, when responding to a legal complaint, different motions or responses typically require separate filing fees. If you file a motion to quash service of summons due to procedural errors, like the ones you've mentioned, there is a filing fee for this motion. Should the plaintiff correct these errors and serve you properly, necessitating a formal answer to the complaint, a separate filing fee for filing an answer would generally be required.

It's important to consider the strategic implications of filing a motion to quash first. While it can address procedural defects, if the court denies the motion and the plaintiff corrects the errors, you will then need to file an answer, incurring an additional fee. This approach could potentially increase your legal costs.

Given the specifics of your situation, including multiple defendants and the nature of the complaint, it may be beneficial to seek legal advice to determine the most effective and cost-efficient response strategy. A legal professional can provide guidance on the merits of a motion to quash versus directly filing an answer, considering the potential for additional fees and the overall progress of the case.

1 user found this answer helpful

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