Legal Question in Landlord & Tenant Law in California

I am being evicted from an apartment unit and the landlord never had the summons served to me properly. Instead of hand serving me the summons, it was just taped to my door. In addition to that, an additional form was posted to my door, stating that i was to vacate the unit within 5 days a.k.a "the writ of possession". But, I was never physically approached by any law enforcement nor any person to serve me. My question is, even though the process has been in motion for several months, do I have the option of making a motion to quash service of summons? And if so, when would that ability, to file such a motion expire?


Asked on 1/19/11, 8:06 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

There might have been a court order permitting posting because a process server was unable to locate you or an adult who lives in your home. If you knew about the lawsuit even if posted, the plaintiff might have a good argument that you should have done something about it at that time. The best thing to do now is to check the court's file and see exactly what transpired with service. Then consult an attorney or tenants' rights organization about what to do next. But move with deliberate speed!

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Answered on 1/25/11, 9:52 am


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