Legal Question in Construction Law in California

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Instructions for Proof of Service by Mail:

The California Code of Civil Procedure section 1013(a) sets forth the legal methods for proof of service by mail in the state of California. The types of parties served can affect the time limits for proof of parties served.

Mail Deposit

� The legal notice must be placed in a mailbox depository that is regularly maintained by the United States Postal Service. The letter or document must be addressed to the last known or current business of the opposing party or their legal representative.

Time Factors

� Service is considered complete at the time the legal notice is deposited. Any legal responses are given a five-day extension under the California Rules of Civil Procedure.

Proof of Service

� The person mailing the legal notification must declare that he or she is over 18 years of age and is not a party to the pending litigation. The declaration must also state the date and the mailing address the legal documents were mailed to.

http://www.1215.org/lawnotes/matthew-bender/cfpp-33-372-motions-and-orders.htm

� 372.14 Who May Make Motion

Normally, a motion may be made only by a person who is a party to the pending action or proceeding.

Representing lawyer(s) is a party to the pending action and therefore can make motion(s).

Question: Can a representing lawyer execute the �Proof of Service by Mail�? CCP 1013(a) specifies the person cannot be a party to the pending litigation. Representing lawyer is a party to the pending litigation so is it all right for the representing lawyer to execute the �Proof of Service by Mail� and why??


Asked on 1/22/12, 3:54 pm

1 Answer from Attorneys

Why is the representing attorney a party to the litigation? Is the lawyer representing him or herself? Otherwise they are not a party. Only the individuals and organizations named as plaintiff or defendant in the pleadings are parties, not their lawyers.

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Answered on 1/22/12, 4:30 pm


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