Legal Question in Real Estate Law in California
My apologies for the incorrect spelling of breach. If my attorney or process server, serves my tenant's attorney will that be a legal service for the tenant even if that is not the current deal being handled?
Asked on 5/15/13, 3:14 pm
3 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
No, it's not valid service. The tenant has to be served.
Answered on 5/16/13, 8:55 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
I think the previous answers may be wrong. The Rutter treatise on civil procedure before trial says that "personal service" of a summons and complaint can be made upon the defendant or the defendant's authorized agent. I believe you could ask the defendant's attorney whether he or she is authorized (and willing) to accept service on behalf of the client. If the attorney agrees to accept the service, then I believe it's valid.
Answered on 5/19/13, 10:37 am
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