Legal Question in Landlord & Tenant Law in California

Thank you, Ms. Darrow! I can have a neighbor serve the answer (to the unlawful detainer) by fax tonight and/or by mail tomorrow. (Faxing it to the landlord's office would be OK, right? I'll ask her to mail it too, just to be thorough.)

I can even file the proof of service by fax, so the court will have it first thing Monday. Will there be an additional filing fee (there is a per page fax-file charge, but it's pretty tiny), and is there some additional amendment form I have to file too? BTW, the clerks DID file the answer, and the landlord had not filed a request for entry of default. (Whew!) I don't know what he might have done today, though...he's really vicious, so I'm worried he'd try to have my answer (demurred? thrown out? invalidated?) for not having served him. Thank you so much in advance.


Asked on 3/21/14, 5:11 pm

1 Answer from Attorneys
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

Fax is not an appropriate method of service, but if you just do it as a courtesy and your neighbor serves the answer by mail, that's fine.

There is no additional filing fee for a proof of service other than the fax fees. No amendment or any other form is required.

The landlord could potentially file a motion to strike your late answer, but that probably isn't likely to happen, and if it did, the court probably wouldn't strike it. Consider it a "race" as to who gets their document in earlier. You won because the landlord didn't request entry of default quick enough. If he tries to file one now, and your answer is already on file, the clerk will reject it.

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Answered on 3/21/14, 5:33 pm


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