Legal Question in Appeals and Writs in California

Writs

I have a question regarding Writ of Mandates. When serving a writ of mandate on a state agency, does the writ have to be served to an attorney at that office or is the writ considered served if left with one of thelegal secretaries? I would like to know the proper procedure and please state the california code that relates to this. thank you


Asked on 9/15/03, 3:52 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Writs

The Writ is a "legal process" like a complaint. It must be likewise served, and not just by mail as if it were a discovery request or a motion.

I would serve it personally - and it could be by messenger service, or call the agency attorney and ask if he will accept service by mail and sign or acknowledge receipt. That is the simplest way to do this.

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Answered on 9/15/03, 4:10 pm


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