Legal Question in Landlord & Tenant Law in California

Re: NO process of service

It depends. If you have filed an answer to the complaint, then no, the proof of service does not have to be filed with the court - your answer is your acknowledgment that you were properly served. If you have not yet filed an answer, then without a proof of service, the case goes nowhere. What often times happens is that the Plaintiff's lawyer will hold the proof of service until the deadline has passed for the filing of your answer (totally appropriate to do). When you fail to file a response within the timeframe required by law, then he will file a request for entry of default - at that time the proof of service is generally filed. By the way, the proof of service is generally filed with the return of the original summons to the court. I don't know if you are looking at a docket or the actual file to determine that no proof has been filed, but it is possible that on the Court's docket its not separately indicated (the Superior Court's online research capabilities are not yet there). If you were not served or not properly served, then you need to move to quash service once the Plaintiff has filed proofs of service, but you have a very limited time in which to file that motion. Hope this helps.

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