Legal Question in Real Estate Law in California

I'm going thru an eviction I'm doing a Ex-PARTE motion to set aside previous judgement I'm homeless unemployed and have hired an associate to serve the plaintiff in the case unfortunately they have not been able to have them served no one.is never there,I have called left.message on his contact number provided.in the.complaint and as well on an number that is given as another contact number I need five days to serve him by mail according.to California but this is why I'm doing an ex parte motion cause it's an emergency situation...my question is I've exercised DUE DILIGENCE in having him served I've also have a declaration from the person.who sought to serve him in serious.occasions to inform him of his up and coming court date.

The.court in a previous ex parte hearing dismissed my motion without prejudice stating that he would have granted the motion on the merits but he had not declaration to show that I took the proper steps in seeking to inform the plaintiff.As I've laid it out above does my current application meet the due diligence standard required within the California court to get my motion granted?


Asked on 5/08/14, 6:23 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You don't have to get a hold of him personally. Ex parte notice is given by leaving a message on the person's machine, or faxing them a notice, or leaving a notice at their address prior to the hearing. You can also bring a regular noticed motion and just have your server serve copies of the notice by mail to the plaintiff's listed address.

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Answered on 5/28/14, 4:55 pm


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