Attorney Brittany Dracup Earns a Victory in Motion to Quash

by | Oct 28, 2021 | Firm News

San Diego (October 28, 2021): On October 8, 2021 Attorney Brittany Dracup filed a Request for Order with the San Diego Superior Court, seeking to quash the opposing party’s request for child custody and visitation. The motion was made on a special appearance under Code of Civil Procedure section 418.10. On October 20, 2021, the court agreed with Dracup that it had no continuing and exclusive jurisdiction to hear the case under Graham v. Superior Court (2005) 132 Cal.App.4th 1193.

Under Family Code section 3422(a)(1), the court found that the children and mother had no “significant connection” to the state of California. Similarly, there was no “substantial evidence” relating to the care, protection, and personal relationships of the children in California. The Motion to Quash was granted which dismissed the case in whole in California and requires the petitioning party to re-file if they wish to pursue their motion in our client’s home state.

About Butler Law, PC

Butler Law, PC is a law firm focused exclusively on family law matters. Butler Law, PC, approaches each case focused on the individual expectations of its clients. The attorneys at Butler Law, PC work creatively to ensure that clients make an informed decision that works for them and their families. Founder Elyse Butler has been certified by the State Bar of California, Board of Legal Specialization in Family Law, a designation earned by only approximately 5% of attorneys. She has also received numerous awards and recognition for her practice.