Legal Question in Civil Litigation in California
When I mailed my response to notice of eviction, a superior court by certified mail on 09/03/2012 which is the due date of filing, the court clerk returned my response insisting that it is filed after due. In my understanding, the certified mailing date shown in the certified mail and postage, should be the filing date. Am I wrong? In other court (the court of appeal), my certified mailing date was admitted. I had only 5 days to respond and 3 days were holiday. Is there any CCP code that I can use?
1 Answer from Attorneys
The date something is filed is the date something is filed with the court, not the date it is mailed.
If you mailed it, it meant that the court received it later, and it was filed later. The court clerk has to file your response, if it is late, unless your default has been entered.
You need to consult with an attorney fast, as to how to get out of the mess you are in.
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