Legal Question in Civil Litigation in California

Re: Legally Served?

If your aunt is not a legal resident of your home, then this service was improper. Mr. Doherty's answer is largely correct -- a motion to quash service would make sense; he is also correct that it needs to be done via a special appearance in order to avoid submitting to the jurisdiction of the court. However, he is wrong to say that "you" should make the motion; you don't have legal standing to assert your aunt's rights, and the motion must be made by a lawyer in her name.

Technically, if your aunt was not properly served then the court lacks jurisdiction and whatever it does to your aunt will have no legal effect and can be challenged at any time. However, a judgment can cause her other problems and she would probably be better off challenging it than just letting it happen.

There are ways to serve a lawsuit in China, but the process is costly (I have been involved in a lawsuit where my client was in China and the other side was very eager to find some way around the service requirements). If your aunt can defeat the service here, the plaintiffs might not bother to do it right.

I may be able to prepare and file the motion for your aunt; please do contact me if you are interested in my services.

Of course, this will still leave you in the case; it doesn't sound like there is any problem with the way you were served.

Re: Legally Served?

Service can be made by serving a person in the home or place of business of the defendant. The person served must be 18 years or more old.

A copy of the summons and complaint must also be mailed first class, postage prepaid, to the address where the summons was delivered. Service is not complete until the summons and complaint are mailed.

Service may also be obtained by publication.

You should discuss this matter with an attorney as soon as possible. Time is important when attempting to get a default judgment set aside.

Re: Legally Served?

You must move to quash service of the summons and complaint. You must make a specific appearance to quash so that your Aunt does not submit to the general jurisdiction of the court.