Legal Question in Landlord & Tenant Law in California

In California, the rules regarding service of process (the process of giving notice to the defendant) of the unlawful detainer (eviction) complaint are different than other civil cases. The reason for this is there are three possible ways that a defendant can be served. The first, and most effective way, is personal service upon the defendant (personally handing the complaint upon defendant). The second is what is termed substituted service. This is when an adult living in defendant's household is handed the documents on behalf of the defendant. The third and more complicated method is for the complaint to be posted on the front door of the defendant's home.

Now while these are the three possible ways for there to be effective service of process of the unlawful detainer complaint upon the defendant, it doesn't mean that the plaintiff gets to pick which method to use. As indicated before, the most effective way to have proper service of process is through personal service upon the defendant. The other two methods are alternatives that depend on certain facts and processes that need to be present in order for the plaintiff to properly use them to satisfaction of the state rules.

In your fact scenario, it appears that either the process server either pretended to have effected personal service (which you indicated that they did not do so upon you personally); or, the process server was attempting to post the complaint on the front door of your home (which would be ineffective, unless certain specific events and processes took place before the posting service was done). A more thorough evaluation of the facts and events in your particular case would have to be made in order to determine if this would indeed be effective service.

You need to have a competent and knowledgeable attorney in this specific area of the law to analyze your matter and inform you of your rights and options with regard to your unlawful detainer case. For a no-obligation consultation with an attorney that will do just that, visit our website at www.coronacalawyer.com or call us at (888) 790-5053.

The summons in an unlawful detainer action may be served by posting only after the court has been satisfied that the defendant cannot be served by any other method using reasonable diligence. (Code Civ. Proc., � 415.45.)

You need to check with the court and check the proof of service filed. It takes permission from the court to serve a summons and complaint by posting. The landlord may file a proof of service indicating that you were personally served, and take your default. Some landlords will try to get a default judgment for rent, even though the tenant has moved out. If a proof of service is filed indicating you were personally served, you need to challenge the service and you need to advise the landlord and the court if you have moved out because possession of the property is no longer at issue.