Celebrating 10 years! 2007-2017

Serving of process.

I'm in CA. I just got a Complaint served not on our Agent to meshuggah08/30/17
I'm not sure I understand your post, but it sounds like a de trickydick08/30/17
why be a dick? Just accept service and get on with it dingbat08/30/17
I'm going to second dingbat's question. When you move to qua thirdtierlaw08/30/17
Agreed. You have actual notice. The court won't let you ou jd4hire08/30/17
I think you would file a notice of automatic stay by the D g guyingorillasuit08/30/17
We do the same thing in Texas. We call it a "Suggestion of jeffm08/30/17
meshuggah (Aug 30, 2017 - 2:09 pm)

I'm in CA. I just got a Complaint served not on our Agent to accept service but to an adjacent office next to our Suit. They named 3 companies as defendants for which I'm a General Counsel.

One of the companies is in Bankruptcy.

Should I file a Demurrer or should I file a Motion to quash service?

Also, if one of the parties is in Bankruptcy, should the lawsuit be stayed as to the other ones?

Thank you.

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trickydick (Aug 30, 2017 - 2:41 pm)

I'm not sure I understand your post, but it sounds like a demurrer would be appropriate since service appears to have been improperly executed. A motion to quash would be the right call if service had been properly executed but there was some other legal basis for denying the court jurisdiction over the defendant.

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dingbat (Aug 30, 2017 - 2:54 pm)

why be a dick? Just accept service and get on with it

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thirdtierlaw (Aug 30, 2017 - 3:29 pm)

I'm going to second dingbat's question. When you move to quash they'll see the appropriate address and then serve your company.

I guess if the deadline to respond has passed, you'll need to do that or ask for an extension. But it just seems silly to needlessly kick the can down the road.

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jd4hire (Aug 30, 2017 - 3:56 pm)

Agreed. You have actual notice. The court won't let you out and even if they do, they'll re-file/ re-serve. Heck, I'd get your motion and have you served appropriately prior to the hearing.

As to the bankruptcy, there is an automatic stay. I don't know if that applies to cases wherein the bankrupt entity is one of many parties. If so and I were PC, I'd voluntarily dismiss the bankrupt entity and go after the remaining two. Not sure the nature of the matter, but there might be a direct action statute that allows the plaintiff to pursue the bankrupt entities insurance carrier (if coverage exists for the damages that occurred) via a motion to subsitute.

My 2 cents.

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guyingorillasuit (Aug 30, 2017 - 4:14 pm)

I think you would file a notice of automatic stay by the D going through bankruptcy (form CM-180). And it does not stay the action as to the other Ds. Take a look at U.S. v. Dos Cabezas Corp. (9th Cir. 1993) 995 F.2d 1486.

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jeffm (Aug 30, 2017 - 6:09 pm)

We do the same thing in Texas. We call it a "Suggestion of Bankruptcy." Not sure why we have to "suggest" it. The effect is automatic stay. Basically, the court will set it aside and take no action on the file until somebody can show the bankruptcy has been dismissed or finalized without a discharge of the debtor.

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