Legal Question in Family Law in California
I filed Request to Enter Default, and it came back with a note that says it is incomplete for for following reasons:
a. A declaration indicating acts relied upon to establish reasonable diligence must be filed when service is made by substitute service (CCP 415.20(b)).
b. Original Proof of Service has been filed; however, an Amended Proof of Service (Form 10) is also required.
Can anyone help? I would really appreciate it.
2 Answers from Attorneys
Seems pretty straightforward to me. Your service is either no good or not complete. Your service was by substituted service. You either didn't do it properly, or you did, but failed to file all the forms necessary to prove it.
If you served someone by substituted service, you had to make several attempts to serve personally, and those failed, before you can serve by substituted service. Off the top of my head, there is a case that states that three (3) attempts at personal service is sufficient. When you file the proof of service, and the service was by substituted service, you have to attach what is known as a "declaration of due diligence" that sets forth the prior attempts to personally serve, before you served by substituted service. It will contain a place for dates and times.
If you are in Los Angeles county, the clerks usually request you to bring back the rejection form (which I think is the form 10 you refer to, look at the bottom) with your corrected paperwork. Bringing back the rejection form shows the clerks what the original problem was, and then they can quickly see if you corrected it.
E-mail me if you have any questions.