Legal Question in Appeals and Writs in California

Re: Complaints or Cross-Complaint

Is it a problem? Yes. The reason service copies are required is so parties will know what has been filed with the court. Serving something different from what was filed defeats this purpose and undermines the judicial system.

How serious the problem is depends upon how significantly the service copies differ from what was filed and whether the difference was intentional. If a page of the original document was mistakenly left out of the copies the problem can be easily fixed. If someone deliberately altered the service copies in order to mislead parties then sanctions are probably in order.

If the violation is both deliberate and severe the sanctions could include entry of judgment against the offending party - especially if it is part of a pattern of abuse. A less drastic violation would justify a more moderate sanction.

Re: Complaints or Cross-Complaint

The code requires a true copy of what was filed with the court to be served. Just make another copy of what was filed, and serve it with a proof of service, and file the original proof of service with the court.