Motion To Quash Guidance

Sure, I can help with that. Based on your document, here are some key points to consider:
*. Improper Service: You mentioned that the summons was not served correctly. The proof of service was filed before the summons was mailed.
*. Existing Case: There is an active case in Orange County, and the petitioner has not responded to the summons.
*. Service Member Relief Act: You are a member of the Armed Forces and entitled to additional extensions.
*. Inaccurate Information: The petitioner provided incorrect information regarding your residence.
*. Due Diligence: You were not given the necessary time to respond.
*. Forgery and False Filing: The petitioner has allegedly filed false and forged documents.
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The document mentions "continuous legal abuse and discrepancies." This is a valid concern to raise in your motion. Legal abuse can refer to the misuse of legal processes to harass or disadvantage someone. Make sure to provide specific examples and evidence of this abuse in your motion.

Yes, the Service Members Civil Relief Act (SCRA) is the correct one. It provides certain protections for active duty military members, including extensions on civil judicial proceedings.

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You may consider adding the following points to strengthen your motion:
*. Default Judgment: Specifically address the default judgment request, highlighting how the improper service has affected your ability to respond.
*. Request to Set Aside Default Judgment: Explicitly request that the default judgment be set aside due to the aforementioned grounds.
*. Evidence and Documentation: Attach any evidence that supports your claims, such as proof of your active duty status, proof of improper service, and any correspondence that shows inaccuracies.
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Requesting criminal charges is possible if you believe a crime has been committed, such as forgery or filing false documents. You can report this to local law enforcement or the district attorney's office. It might also be helpful to consult with a lawyer to guide you through this process.
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You might also want to add the following points:
*. Personal Impact: Explain how this legal abuse and discrepancies have personally affected you.
*. Legal References: Cite any specific legal precedents or laws that support your motion.
*. Witness Statements: If applicable, include statements from witnesses who can corroborate your claims.
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It's generally not advisable to contact the process server directly if you believe they lied. Instead, you should present the evidence of improper service in your motion to quash and let the court address the issue. If you have strong evidence, consider consulting with a lawyer to guide you further.
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For filing a motion to quash in LA County, you will typically need the following forms:
- Notice of Motion (Form FL-*)
- Declaration (Form MC-*)
- Proof of Service (Form FL-* or FL-*)
Check the LA County Superior Court website for any specific local forms.