Legal Question in Landlord & Tenant Law in California

I was served papers by a young man yesterday, but the proof of service was completed by a female whom I know. Are the papers still legal and binding?


Asked on 8/21/09, 12:48 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Proof of service must be completed by the person who did the service, as how would someone else have any idea as to what actually occurred. Perhaps some of the background information couuld be filled in by some one else, but those facts dealing with items that might be disputed must be by the person who has direct knowledge.

The next question is whether it matters. If you get it "quached", will they not just re-serve you at a latter date; they have an absolute right to refill. Unless the new service would be banned by local rules, what do you get from throwing the service out?

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Answered on 8/21/09, 3:48 pm


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