Legal Question in Business Law in California
On California Civil Procedure form Sum -100 go you need to fill out the bottom section?
"Notice to the person served"
I ask because I was told I have to fill it out
however in the book, "Win your lawsuit: A Judge's guide to representing yourself in California Superior Court", it says to leave that section blank.
My question is: considering that I didn't fill out that section how do I fill out the proof of service which ask,"The notice to the person served was completed as followed"?
2 Answers from Attorneys
The section on the form you a referring to is not proof of service. It tells the person how they are being sued, individually or on behalf of someone or something. Notice that pis tells you you still need to have POS form. No proof of service no lawsuit.
I assume you are doing something pro per. If you are confused about this basic step, I think your success in the rest if the litigation will not be high. If you have a valid claim, you won't get multiple tries so you need to do this right. See an attorney...
The bottom section you refer to is at the bottom of the summons. That section is checked by the process server, who indicates in what capacity the person served the papers is being served. Then the process server completes a proof of service that contains a blank that requires an indication of how the person was served.
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