Legal Question in Civil Litigation in California

Follow up on question: What is the Los Angeles Civil Form 234 used for?

(LACIV 234, Proof of Service, Notice of Appeal - Administrative Hearing)

I live in Los Angeles County, California. I was on vacation (came back today) when a Process Server served a summons and complaint 15 days ago on my cousin who was pet and house sitting for me. The front wood door was opened but the security steel door was closed when the Process Server asked for me after which my cousin (we are both male) replied that I was on vacation. Nevertheless, the process server dropped the documents on my welcome mat. A Proof of Service has been filed with the Court and I know I have 15 days to file an Answer. Is LACIV 234 used to challenge the Proof of Service? And how does the process work regarding the appeal and administrative hearing?

Thank you.


Asked on 8/20/14, 6:35 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Thank you for providing some detail. That form is used for proving that someone was served with an administrative appeal. Administrative appeals in Los Angeles run the gamut from zoning decisions to disputing parking tickets. It does not sound like that is what is going on. It sounds as though you are in a full blown lawsuit.

The proper motion to challenge service is a motion to quash. There is no form for that and it is simply filed on pleading paper. But you may have been served via substituted service. It would help to know what the actual proof of service filed with the court states. Again, I am making assumptions here. You do not state that it is an unlawful detainer (eviction) which would only give you 5 days to challenge service and not 30. That is why details are important.

Read more
Answered on 8/20/14, 7:03 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California