Legal Question in Real Estate Law in California

Re: Papers (forms that must be included in serving summonds/complaint and/or rec

Unfortunately most judges follow the substantial compliance rule on service. Absolute strict technical compliance is not always the rule a judge applies. If you feel you will win, you must appear within the 5 days and file a motion to quash service. Very technical. And no, the landlord is not required to serve a form for Response, but courts in tenant in pro per cases are generally liberal in accepting any kind of written response to avoid a default. Generally, no counterclaims for money or relief are allowed in the Unlawful Detainer proceeding, but can be presented in a separate civil action. There are some exceptions, such as untenantability - but courts prefer these as affirmative defenses. Good luck.

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Papers (forms that must be included in serving summonds/complaint and/or rec

Omitting the back of the Summons which has the space and questions on proof of service is not big thing. You've got five days from service to file an answer, and that includes weekends. So if the last day falls on a Sunday you can file and answer on the following Monday. If you object tot eh service you may file a motion to squelch the service and then the plaintiff can make good the service ont eh day the motion is held. Be sure and touch all the bases on doing a motion, Notice, Points and Authority, and Declaration Under Penalty of Perjury. the forms are available on the Internet, and at the court or anyone of several courts.