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Showing posts with label motion to quash service in California. Show all posts
Showing posts with label motion to quash service in California. Show all posts

Tuesday, October 21, 2014

California law and motion documents for sale




LegalDocsPro offers a California law and motion collection with over 55 documents with a list price of well over $1,000.00 but you can purchase the entire collection for only $99.99 which is a discount of over 80% off! That is less than $2.00 per document!

Documents included are demurrers, motions to strike, motions to quash, oppositions and more. All motions and oppositions include brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, declaration if appropriate and proof of service.   A partial list of the documents included in this collection is shown below.

DESCRIPTION:

A partial list of the sample legal documents for California that are included in this package includes:

Sample California Motion for Judgment on the Pleadings for Defendant
Sample California Motion for Judgment on the Pleadings for Plaintiff
Sample California motion for reconsideration
Sample California Motion to Compel further responses to Requests for Documents
Sample California renewal of motion under Code of Civil Procedure section 1008(b)
Sample California reply to opposition to motion
Sample California special motion to strike
Sample Demurrer to Answer for California
Sample Demurrer to California Complaint for Breach of Contract
Sample Demurrer to Complaint for Lack of Standing in California
Sample Demurrer to Fraud Complaint for California
Sample Evidentiary Objections for California
Sample Ex-Parte Application for Temporary Restraining Order in California
Sample Ex-Parte Motion for California
Sample Ex-Parte Motion to Shorten Time for hearing in California
Sample Meet and Confer Letter for California
Sample Motion for Assignment Order for California
Sample Motion for Change of Venue for California
Sample Motion for Further Bill of Particulars for California
Sample motion for judgment notwithstanding the verdict for California
Sample Motion for Leave to Amend a pleading in California
Sample Motion for Leave to File Cross-Complaint in California
Sample Motion for Order Taxing Costs in California
Sample Motion for Terminating Sanctions in California
Sample Motion for Withdrawal of Admissions for California
Sample Motion to Amend Judgment for California
Sample Motion to Compel Further Responses to Special Interrogatories for California
Sample Motion to Compel Production of Documents for California
Sample Motion to Compel Responses to Requests for Production of Documents
Sample Motion to Compel Responses to Special Interrogatories for California
Sample Motion to Enforce Settlement Agreement for California
Sample Motion to Have Matters Deemed Admitted for California
Sample Motion to Quash Service for California under Code of Civil Procedure section 418.10
Sample Motion to Quash Service for Lack of Jurisdiction for California
Sample Motion to Strike Answer to a Complaint for California
Sample Motion to Strike for California
Sample Motion to Vacate California Default Judgment with Attorney Affidavit of Fault
Sample Motion to Vacate Default Judgment for Extrinsic Fraud or Mistake in California
Sample Motion to Vacate Judgment and Quash Service for California
Sample Motion to Vacate Judgment Under CCP Section 473 for California
Sample Motion to Vacate Judgment Under CCP Section 473.5 for California
Sample Motion to Vacate Void Judgment in California
Sample Notice of Intention to Introduce oral testimony for California
Sample Notice of Non-Appearance at Hearing for California
Sample Notice of Ruling for California
Sample Opposition to Application for Right to Attach Order in California
Sample Opposition to California Motion for New Trial
Sample Opposition to Demurrer for California
Sample Opposition to Heggstad Petition for California
Sample opposition to motion for judgment notwithstanding the verdict for California
Sample Opposition to Motion for Judgment on the Pleadings
Sample opposition to motion for reconsideration in California
Sample Opposition to Motion for Summary Judgment in California
Sample Opposition to Motion to Dismiss on Grounds of Inconvenient Forum
Sample Opposition to Motion to Strike for California
Sample opposition to motion to vacate default judgment under Section 473 in California
Sample opposition to motion to vacate default under section 473.5 in California
Sample Points and Authorities in Support of Application for a Right to Attach Order
Sample Request for Judicial Notice for California

California law and motion document collection

Wednesday, October 8, 2014

Sewer service by debt collection companies



Sewer service by debt collection companies is the topic of this blog post.  The term sewer service is based on and refers to figuratively and in some cases literally throwing the summons and complaint in the sewers near the homes of defendants such as debtors and then obtaining a default judgment from the court by filing a fraudulent proof of service.  The great majority of cases that I work on are from the State of California although the basic principles discussed in this blog post should be quite similar throughout the United States.

The practice of sewer service is both despicable and absolutely illegal, yet it has been going on for over 40 years in various types of litigation cases and is growing more and more widespread all over the United States, particularly in debt collection cases involving debt collection agencies and debt buyers.

It should be noted that any judgment entered without valid service of process is void anywhere in the United States as the United States Supreme Court ruled unanimously in a case that was decided over 25 years ago that any judgment entered where the defendant was not properly served is void, violates due process and can be set aside at any time.

I honestly do believe that most process servers are honest and would never falsely claim that they served someone whom they had never served. However I also know from my own personal knowledge working in California and Federal litigation since 1995 that extreme cases of sewer service are a fact and I will briefly describe just two of the more outrageous cases I have worked on.

I recently worked on a case where the defendant was supposedly served by substituted service at a mail drop that he had not used as a mailing address for over 2 years, the lawyers for the plaintiff had sent a demand letter to a post office box several months before.  The defendant had no knowledge of the lawsuit or judgment until he was informed by someone that the real property he had sold to them had a lien on it. He then went to the Courthouse and copied the entire Court file. The documents show that one process server with one company had went to the mail drop office several times but that they “cannot verify the address is still used by the defendant”. Another document filed several months later by another process server with another company claims that they performed substituted service on the female employee “who verified the address is still used by the defendant.” 

Several years ago I worked on another case where on the exact date and time that the alleged service was made the defendants were on an airplane and were flying to the Philippines!

Situations such as the two I described earlier are generally good situations in which to seriously consider filing a motion to vacate the default and judgment under Code of Civil Procedure section 473(d) on the grounds that the default and judgment are void due to defective service of process resulting in a judgment void for lack of personal jurisdiction and also request that service of the summons and complaint be quashed.

Attorneys or parties in California that would like to view a portion of an 11 page sample motion to vacate a void judgment under Code of Civil Procedure section 473(d) and quashing service containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below.

Sample motion to vacate judgment and quash service for California




Attorneys or parties who wish to view portions of over 300 sample legal documents for California and Federal litigation created by the author of this blog post can use the link shown below.

Over 300 sample legal documents for sale

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.