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2016 California Rules of Court

Rule 5.63. Motion to quash proceeding or responsive relief

(a) Respondent's application

Within the time permitted to file a response, the respondent may move to quash the proceeding, in whole or in part, for any of the following reasons:

(1)Lack of legal capacity to sue;

(2)Prior judgment or another action pending between the same parties for the same cause;

(3)Failure to meet the residence requirement of Family Code section 2320; or

(4)Statute of limitations in Family Code section 2211.

(b) Service of respondent's motion

The motion to quash must be served in compliance with Code of Civil Procedure section 1005(b). If the respondent files a notice of motion to quash, no default may be entered, and the time to file a response will be extended until 15 days after service of the court's order denying the motion to quash.

(c) Petitioner's application

Within 15 days after the filing of the response, the petitioner may move to quash, in whole or in part, any request for affirmative relief in the response for the grounds set forth in (a).

(d) Waiver

The parties are deemed to have waived the grounds set forth in (a) if they do not file a motion to quash within the time frame set forth.

(e) Relief

When a motion to quash is granted, the court may grant leave to amend the petition or response and set a date for filing the amended pleadings. The court may also dismiss the action without leave to amend. The action may also be dismissed if the motion has been sustained with leave to amend and the amendment is not made within the time permitted by the court.

Rule 5.63 adopted effective January 1, 2013.

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