Legal Question in Landlord & Tenant Law in California

Process Service; in court?

I am one of 3 tenants (distinct tenancies) that has (past 9 months) received $0 of my security deposit back from a certain landlord (who owns exactly 3 properties!). The landlord attempted to evade service, but she was served properly, I won, but she's filed a motion to vacate, and the hearing is coming up.

The landlord would not provide her address to one of those tenants (though it is known where she lives). Since she's clearly going to try to evade service in the other cases (once they are brought), the idea has come up to try to serve her (for one of the other cases) in the courtroom or courhouse on the day of my case, since it is known that she WILL be there (she tried sending someone else on her behalf for a previous motion to vacate, and the judge didn't buy it).

Is there a legitimate, legal, way to serve the landlord in court(room/house)? I don't believe the bailiff will do it in contra costa, so that leaves us with process server or friend of the other tenant (I probably can't do it for the other tenant, since I am probably an *interested party*).

If so, where/when? (i.e. after roll call, while my case is heard, after case is heard, or in hallway before/after)

Any suggestions?

Thanks!


Asked on 11/30/05, 8:21 pm

3 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Process Service; in court?

Any person who is over the age of 18 and not a party to the lawsuit may serve the papers. It doesn't matter if you are an "interested party" like a witness. I would serve her as soon as you see her so she doesn't slip away after the hearing.

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Answered on 11/30/05, 8:30 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Process Service; in court?

One more thing, don't forget to fill out the Proof of Service and file the original with the Court.

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Answered on 11/30/05, 8:31 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Process Service; in court?

Per California Code of Civil Procedure section 414.10, anyone over 18 years old who is NOT a party may serve a summons. As long as you are not a party, you may serve the document to which you make reference.

I am unaware of any rule which precludes service from being effected on a party while present in the court.

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Answered on 12/01/05, 9:25 am


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