Legal Question in Real Estate Law in California
Alternative Services... better definition?
I posted hoping to get an answer to
my quandry: In and eviction case
that is nearng a close, what does
'alternative services' refer to when
the tenants have evaded the
'summons & complaints'?
What are the alternative services in
this case? Does it change the
eviction process timeline? This is in
Oakland, CA and there are strict
Renter's Rights laws that might
interefere.
(No, i'm not the one being evicted.)
Thank you!
2 Answers from Attorneys
Re: Alternative Services... better definition?
If you can't serve the tenants, then you can apply to the court to have them served by publication in a newspaper of record. Also, the process server also may serve any adult living in the household (substitute service), or at the named tenants' place(s) of work.
Re: Alternative Services... better definition?
What you are calling "alternative services" undoubtedly is or means "alternative service of process," i.e., serving the summons and complaint on the defendant(s) by some authorized means other than by personal service.
In the context of an unlawful detainer complaint, the term "alternative method of service" appears in the Code of Civil Procedure in Section 415.47(c). I do not know of any other use of the terminology in the statutes, although the statutes certainly do provide alternative ways to carry out almost any kind of service of process.
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