Legal Question in Civil Litigation in California

The first thing your sister should do is call the attorney representing the plaintiff and ask them why they think she was the notary. If the attorney is not willing to dismiss the complaint against your sister, perhaps another person with her name, she should contact a California attorney for more direct assistance.

As to your quesitons:

1. Yes, your sister has 30 days from the date she was served.

2. Does your sister still have her notary stamp or paperwork showing her license number? This will be needed to show plaintiff's attorney they have the wrong person.

3. No, she does not need to personally come back to California. Since she lives in Indiana, even if a judgment is entered against her, it will be quite difficult to enforce a California judgment in Indiana.

The best advice I can give is that your sister should consult with a California attorney. Ofter, the first call is free.

If she was notarizing documents as part of her job duties at the AAA, the AAA may have a duty to defend her. Further, many employers who have employees acting as notaries have insurance for the notaries (although the AAA may be self-insured), in which case the insurance company may be obligated to pay for your sister's defense. The AAA and/or its insurer may also be obligated to pay for some expenses she accrues in defending herself, and pay the judgment if she is found liable.

In fact, its is possible that the AAA has also been named as a party. Your sister should ask the attorney representing the plaintiff if the AAA is a party and if so, get the name of the attorney representing the AAA. You will also be able to obtain this information from the court file if the AAA was named, served, and has filed an appearance.

The point is that she should tender her defense to someone representing or working for the AAA in the capacity to be responsible for handling that tender.

All in all, it would be best for your sister to retain a California attorney to handle this aspect of the case for her, and anything else that arises,

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She'll get to argue her story in the case, someday, but her only issue now is how to avoid a default judgment against her. If the plaintiff claims service upon her, right or wrong, and she doesn't respond with appropriate pleadings in court, there will be a judgment. She needs to hire an attorney local to the court, now. If serious about doing so, and if the court is in SoCal, contact me.

In California, if there is a real estate deal, the notary must take a thumbprint, and also have the person sign the notary's ledger. If there's nothing in her ledger, then that might help or hurt her, depending on the spin one puts on it. Of course, if she never notarized real estate transactions, that is helpful to her. I agree with my colleagues that her then-employer might have a duty to defend or pay for her defense. One could get to the bottom of the issue once she enters the case. An attorney can demand to see the original documents and then have a handwriting expert compare her handwriting against that claimed to be her notarized document(s). Because she lives in Indiana, if they want to take her deposition, they might have to go there. She should schedule it in the middle of winter. I didn't enjoy the 4 below zero weather in Ft. Wayne when I lived there!