Legal Question in Civil Litigation in California
I lent money to an individual (borrower) who, as collateral, assigned to me interest in a one quarter piece of property which he is owner of. The entire property is the subject of a partition action, with the borrower being the plaintiff. The individual/plaintiff is now in default to me, the lender, and I may have to sue him for breach of contract. Can I consider his attorney, who is representing him in the partition action, and who also created the assignment docs re the loan, as an agent for service?
Asked on 12/07/15, 10:05 am
2 Answers from Attorneys
Armen Tashjian
Law Offices of Armen M. Tashjian
No, unless you ask first and he agrees to act as such.
Answered on 12/07/15, 1:01 pm
No. An agent for service is only for a business. You must serve the individual, or a person who they directly authorize to accept service for them.
Answered on 12/07/15, 1:14 pm