Motion to quash case against Bob Filner scheduled for September 16

According to a August 22, an unnamed party filed a Motion to Quash case against Bob Filner.

Signs of a settlement deal between Mayor Bob Filner and the City of San Diego over allegations of sexual harassment are beginning to appear.

According to the San Diego Superior Court website, a "motion to quash" has been scheduled for September 16 in Judge Richard Strauss' courtroom. The motion was scheduled on August 22.

The website does not reveal which party filed the motion. However, considering the city council is scheduled to discuss a settlement deal with Filner and Gloria Allred's plea to council to reject the deal, all signs point to the City dropping their lawsuit in its entirety.

The wheels are now in motion for Filner to step down and the City to proceed with a new special election. As was reported by Matt Potter, former mayoral contender Nathan Fletcher has already filed papers to restart his campaign.

City Council is set to discuss the settlement agreement today at a 1pm closed session meeting.

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Why would the city drop its lawsuit? They're holding all the cards.

I'm pretty sure that was the agreement: Drop case in exchange for resignation. I'll try and head down to the courthouse to get a copy of the motion.

Check the Superior Court website.

Then head down there if necessary.

Motion to Quash Service of Process?

In state practice, a Motion to Dismiss will be treated as a non-statutory Motion for Summary Judgment or a Motion for Judgment on the pleadings.

In federal court, the Motion to Dismiss is used for many defects in the Complaint as well as for addressing many other defects in jurisdiction.

A General Demurrer goes to the sufficiency of the pleadings while the Special Demurred challenges in uncertainties or ambiguities in the Complaint.


Calendar Clerk in Department 75 , Judge Richard Strauss, shows a September 16 hearing on Filner's motion to Quash Service of Process on Subpoena, Motion for a Protective Order (re: Deposition?) and Motion for Change of Venue.

Look up case number first.

Then look up calendar. Then request copies of pleadings from civil clerk.

Diogenes, The motion to quash was scheduled yesterday. The clerk, however, said it has not yet been filed. Someone called and scheduled for the motion to be heard. Thanks!-dH

Yes, they reserve a date and then file and serve the Notice(s) and Motion(s) within the appropriate time periods.

Filner will want to change venue and avoid giving testimony under oath as long as possible, hoping to avoid issues where he might have to take the Fifth in regard to things under possible criminal investigation as well as to avoid taking a definite position. Meanwhile, the case may be dismissed pursuant to possible settlement in mediation. McCormack-Jackson's attorney claims that she wants the money to come from Filner, etc. rather than the city, at least for his fees.

Whatever. The city would save money by paying a large settlement to avoid a recall.

If the City is contesting the facts in the Mccormack suit, why do they still ask for resignation? Because they don't like him?

To punish him in order to set an example. McCormack and Allred do not need money that badly so they can leverage the demand to resign as a condition of settlement. Otherwise, they will not settle.

Sorry, misunderstood. The City does not admit that Filner did it for purposes of their cross-complaint, they just say that, if he did it or he and they are help liable for his actions, the city wants their indemnity for their fees and costs as well as any money they pay out for damages.

That Filner should resign is a resolution.

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