Legal Question in Civil Litigation in California
Yesterday I was granted a quash motion due to improper service.I was served properly 10 days ago, a week before the Judge ruled but there's no record of filing new proof of service.Don't they have to file the due diligence and notify me and do I have 30 days from the date of new service or the filing to give my response?.I've got no money and am representing myself.
2 Answers from Attorneys
Your responsive pleading must be filed and served on plaintiff's counsel within 30 days after you were properly served.
The Summons and Complaint filed the second time contain the notice that you have 30 days to respond. There ils no separate new notice that must be filed or served on you. The proof of service does not have to be filed within 30 days of your being served, although it is best to do so.
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