Legal Question in Administrative Law in California

Re: Serving of Summons and Complaint

Yes they do and yes you can, but, why? Is it worth it, they can still serve. Why not answer and use to your advantage the time?

Re: Serving of Summons and Complaint

There is a method for serving a summons and complaint by mail; it is called "mail and acknowledgment" and involves your sending back a signed form (prepared by the plaintiff) acknowledging receipt of the papers. If that isn't what happened, you are technically still not served.

However, appearing before the court and telling the judge that you got served improperly would likely be a "general appearance" in the matter and the court would thereby gain personal jurisdiction over you, just as though you had been served. There are ways to contest service by use of an attorney making a "special appearance," but it's necessary to be very circumspect to avoid appearing generally and thus accomplishing the same thing as service does - personal jurisdiction by the court over you in the matter at hand.

Resisting service of process is usually a foolish waste of time and money. In most cases, the plaintiff will nail you with a proper service sooner or later, and the court can assess the unnecessary costs of service against you, whether you win or lose. Further, not participating in a multi-defendant case from the outset will be a setback to your defense-planning and execution strategy. The other parties may gain advantages they would not have, had you been present and represented from the get-go.

I recommend retaining defense counsel to review the complaint and to prepare, serve and file a responsive pleading within the allowed time.

Re: Serving of Summons and Complaint

Sure, if properly done by a motion to quash. Or, you could wait to be served a notice of default and then try to set it aside [not a bright idea]. Either way, if this is a case seeking substantial money, you should consider hiring counsel to make sure your defenses are asserted effectively, to avoid losing the case unnecessarily. Feel free to contact me if serious about getting counsel, and the case is in SoCal.