Can a motion to quash be opposed in bad faith?

California, United States of America


The following excerpt is from Silliman v. Municipal Court of Monterey Peninsula Judicial Dist., 140 Cal.App.3d 19, 189 Cal.Rptr. 318 (Cal. App. 1983):

The parties stipulated--hence respondents conceded--that the motion to quash was opposed in bad faith. Such a stipulation is binding on the parties and on this court (Palmer v. City of Oakland (1978) 86 Cal.App.3d 39, 44, 150 Cal.Rptr. 41; In re Marriage of Carter (1971) 19 Cal.App.3d 479, 488, 97 Cal.Rptr. 274), and may not be disregarded absent a showing of illegality or compelling contrary public policy. (Estate of Burson (1975) 51 Cal.App.3d 300, 306, 124 Cal.Rptr. 105.) And since the record discloses no sufficient reason for setting aside the stipulation, I think we are confronted with the simple question of the propriety of an award of attorney fees on the precise facts before us, which include admitted bad faith on the part of respondents.

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party has failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
When will an opposing attorney be allowed to continue to oppose the motion? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
Can a motion to quash a grand jury indictment be quashed? (California, United States of America)
In a motion to quash and traverse the search warrant, where the record is silent on the failure of the initial counsel to bring the motion? (California, United States of America)
Is a motion to quash a finding that a determination of the merits of the complaint is not within the scope of the issues raised on the motion? (California, United States of America)
In what circumstances will a court quash a motion to quash service of summons? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.