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Re: deafelephant post# 182335

Wednesday, 03/04/2015 11:03:57 AM

Wednesday, March 04, 2015 11:03:57 AM

Post# of 238049
Motion to quash is not a motion to dismiss....



doesn't say who filed it but it seems like Cannlabs is trying say they weren't properly served as a proof of service on Cannlabs was filed with the court. Just a guess as the motion to quash is not available for viewing at this time.

Also, did you notice the three additional defendants that were added in the amended complaint?




What Is a Motion to Quash?
A motion to quash is a specific type of request that asks the court to render the decision of a previous lower court ruling invalid. This is often filed at the beginning of a trial or appeal as a pretrial motion. It is somewhat similar to a motion to dismiss, except it asks the court to nullify a previous ruling rather than the current filing.

Like other motions, motions to quash are part of a larger body of rules called civil procedure rules. These can differ by state and are also different for federal cases as opposed to state civil cases. Motions to quash are available in personal injury cases and many other types of civil proceedings.

Who Can File a Motion to Quash?
A motion to quash can be filed by either party. It is usually requested as a pretrial motion when the decision from a lower court ruling has a direct effect on the case at hand. Motions to quash can only be filed when:

The court has made a mistake in their ruling
A court document (like a subpoena) has been issued in a manner that was not proper or legal
An example of this is where one party had received improper service or notice of the case. This could affect the ruling of that case, and therefore one party might want to file a motion to quash to have that previous ruling thrown out.

- See more at: http://www.legalmatch.com/law-library/article/what-is-a-motion-to-quash.html#sthash.NVcPJQVW.dpuf





http://www.legalmatch.com/law-library/article/what-is-a-motion-to-quash.html


37-2014-00036039-CU-DF-CTL
case number


https://roa.sdcourt.ca.gov/roa/faces/SearchResults.xhtml

All
posts are only my opinion. Please do your own DD. I am not
professional analyst nor do I play one on TV.