Legal Question in Civil Litigation in California

If an Attorney has deliberately not followed proper procedure for service of the summons, and was ordered by the court to file and serve opposition to a motion

by a certain date, in which he filed, but never served on defendant, that also

caused the defendant to lose the motion, the defendant being pro-se, What if

anything, can be done?


Asked on 10/09/09, 10:30 am

1 Answer from Attorneys

If the motion was denied, most likely one of two things is true: either he filed a proper proof of service and you failed to disprove it was actually served, OR the court found your motion was without merit even without the opposition. Either way, if you have not run out of time, you can move for reconsideration, but that's about it.

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Answered on 10/09/09, 1:48 pm


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