Legal Question in Landlord & Tenant Law in California

If you have time to file a response, it's usually much easier to waive the defect in service and respond to the law suit. I'm assuming that you were served by what we call "sub served," meaning that a copy was left with an adult at your place of residence and then a copy was mailed to you. When service is done that way, you get an extra ten days to respond, and it doesn't start until the day the mailed copy is mailed. So even if there is a problem with the person at the residence, there is usually plenty of time to respond. Accordingly, judges really don't want to hear motions about defective service if you actually got notice of the suit in reasonable time to respond. If, however, you have problems responding to the case that are caused by the defective service, not just that you can't afford an attorney or some other problem not caused by the method of service, you can file a motion to quash service. For you to win that motion, however, you will have to prove to the judge that the resident was not competent to accept service as a matter of law, and that the copy mailed to you did not reach you in a timely fashion either. If you really can prove that, and you really were prejudiced by the problem with service, and a judge really believes you, the service will be quashed and they will have to serve you again. Bear in mind, however, that if the motion looks good, they will probably just serve you again before the hearing anyway. Bottom line is you are going to have to respond sooner or later. May as well get on with it if you can.

If there is a judgment then move to set is asside, otherwise you must respond. Contact me directly.