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Method of Service

Method of Service. Destiny Sahagun Steven Magnone. What Is Service?. Wikipedia: Party of a lawsuit gives appropriate notice of initial legal action to another party. Black’s Law Dictionary (9 th Edition) The formal delivery of a writ, summons or other legal process,

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Method of Service

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  1. Method of Service Destiny Sahagun Steven Magnone

  2. What Is Service? • Wikipedia: • Party of a lawsuit gives appropriate notice of initial legal action to another party. • Black’s Law Dictionary (9th Edition) • The formal delivery of a writ, summons or other legal process, • The formal delivery of some other legal notice, such as a pleading.

  3. Governing Statute • Service of Summons: California Code of Civil Procedure (CCCP) § 413.10 – 417.40 • Obtaining Possession of Real Property in Certain Cases: CCCP § 1159 – 1179(a) • 3-Day Pay Rent or Quit: CCCP § 1161

  4. Who Can Be a “Server” • CCCP § 414.10. A summons may be served by any person who is at least 18 years of age and not a party to the action. • A friend or relative; • A coworker; • A county sheriff or marshal; • A professional process server; or  • Anyone over 18 who is NOT part of the case. • Professional servers: California Business and Professions Code § 22350 - 22360

  5. What Does the Server Do • Serve the paperwork on the other side in the time require; • Fill out a proof of service form that tells the court whom they served, when, where, and how; and • Return the proof of service to you so you can file it with the court.

  6. 3-Ways To Serve a 3-Day Notice to pay Rent or Quit • Personal • Substitute Service • Posting and Mailing (eviction only)

  7. Personal Service • Server give the papers to the party being serviced. • At home, work, street, wherever. • Must identify the party being served and hand the legal papers to him/her . • Must inform him/her that they are being handed court papers. • Person being served does not have to sign anything. • Server then fills out a Proof of Servicedetailing when, where and how the papers were served. • Server signs the proof and returns it so it can be filed with the court.

  8. Substitute Service • Used after several attempts to personally serve have failed (usually three or more). • Server is unable to find the person being served. • Leaves the paper with someone at the other party’s house who is at least 18 years old and also lives there. • Leaves the paper with someone at the other party’s work who is at least 18 years old and also works there. • Must tell the substitute that they are being handed legal documents. • Must get substitute’s name, address. If substitute is unwilling to give that information, then detailed physical description of the person. • Server must mail a copy of the papers to the other party at the address where the papers were left.

  9. Posting and Mailing • Used after several attempts to personally serve have failed (usually three or more). • Write a “Declaration of Due Diligence” • Form MC-030. • Detail every attempt to serve. • File an application to the court asking for permission to serve by “posting and mailing” • California Code of Civil Procedure (CCCP) §415.45

  10. 3-Day Notice to pay Rent or Quit Expiration • Within 3-days. • Countdown begins day after service. • Three days do not include weekend. • Three days do not include holidays. • I.E. three day notice was served on the Thursday before Labor Day weekend; • The three days starts Friday (the day after service was received). • Skips over the weekend and the holiday on Monday. • Continues on Tuesday. • Expires on the following Wednesday. • Tenant pay or out on Wednesday or before. • Must not be occupying the premises on Thursday.

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