Legal Question in Civil Litigation in California
Opposing Counsel has moved his practice
The opposing counsel in my law suite has moved from his office where he has practiced for 10 yrs. I sent a certified letter but it was returned, found out later he is trying to wrap up his law practice and has been working for the Public Defenders office for 6 months now. I sent the certified letter to the Public Defenders office and someone their sign for the letter. If the Defendants attorney did not actually sign for the letter could I safely say he received it? or dose that mean if the attorney himself did not sign for the letter he did not receive it?
2 Answers from Attorneys
Re: Opposing Counsel has moved his practice
I would check with the court to see what address it has on file. Depending on the content of the letter, it might be wise to pick up the phone and telephone this attorney at the Public Defender's office and figure out what's going on, although you don't have an obligation to do so. However, going that extra step and exercising good will might result in helping to get your case resolved.
Re: Opposing Counsel has moved his practice
If you have an ongoing court case, opposing counsel is required to notify you and the court of any change of address. Serving him at the old address was probably enough; serving him at the new address more than satisfies your burden regardless of who actually accepted the letter.
I should add that there is no requirement that you use certified mail in an ongoing lawsuit. The fact that you used it anyway will not work against you merely because the person who received it was not the addressee.
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