Legal Question in Landlord & Tenant Law in California
Serving a summons
1. If the third party attempts to serve the summons to two defendants and successfully serves one and the other is not home. Only one copy was left at the residence. Does that count as serving both defendants. Can the third party fill out two proof of service of summons? If only one copy is left in the hands of one of the defendants??
2. If the lease is in one name (husband) is it okay to put husband and wife's name on the legal documents proceeding??
2 Answers from Attorneys
Re: Serving a summons
It is not adequate service unless diligent efforts were made to serve the second individual (usually 3 attempts). Then, a declaration of due diligence also has to be filed with the court explaining why it was left with someone else.
It is fine to put both names on the lawsuit if the names of the occupants are known. Otherwise, you can (and should) use a designation like "All other adult occupants."
Re: Serving a summons
Generally, if due diligence is made in an attempt to serve the party personally, then substituted service is allowed by serving another over 18 that is in care and control of the property
Any person that occupies a property must be named, even if not on the lease, if the owner is aware of their name and occupancy.
If you would like a consultation on your specific matter, call our office 909.931.3722. Remember, you only have 5 days to file an unlawful detainer answer in California.
This information is not intended as legal advice but as general information for the public. It should not be construed as advice on your particular matter. For specific advice on your matter, consult an attorney.
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