Legal Question in Landlord & Tenant Law in California
What constitute a summons to be legally served? I've heard that all the process server has to do is touch the defendant with the document to be legally served; Is this true?
2 Answers from Attorneys
The person serving the Summons and Complaint, who can not be a party to the action but can be related to a party, must in person merely inform you and show you that they have a summons to serve upon you. Touching you without your permission is a battery; but the process server does not actually have to handed the papers in your direction, it is sufficient that he/she tells you they have the papers for you.https://www.lawguru.com/answers/answer/free_show/273707158#
Mr. Shers is right. They only have to tell you that they are serving you with papers and place them where you can get them, such as on the ground in front of you, in your door jamb, or anyplace else you can access them.