Legal Question in Civil Litigation in California

I have prepared an amended answer to an unlawful detainer complaint. I wont be able to make it to court for a couple of days because of work. Do I have to serve the plaintiff with a conformed copy of the amended complaint, or can I just mail them a copy and then make it to court on Friday and give the clerk a copy too?

I'm asking because I'm on the deadline of filling an amendment so I really need to get the copy to the plaintiff. Thank you.


Asked on 5/25/11, 4:23 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Have the person who is serving the plaintiff (not you) mail and fax a nonconformed copy. Then file the original with the original proof of service attached. Use a messenger service if you have to.

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Answered on 5/25/11, 4:28 pm
Anthony Roach Law Office of Anthony A. Roach

You have to have someone who is not a party to the action - meaning they are not named in the unlawful detainer action or as an unnamed tenant - mail the copy of the answer to the plaintiff, and sign a proof of service. You should then attach the proof of service to the rear of your answer, and file it on time with the court.

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Answered on 5/25/11, 4:35 pm
George Shers Law Offices of Georges H. Shers

I assume you are not in Small Claims court. You need court approval to file an amended complaint. Most courts allow fax filing; you do not have to serve the plaintiff with an endorsed filed copy

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Answered on 5/25/11, 4:51 pm


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