Legal Question in Real Estate Law in California

Re: proof of service

You can get a court order to serve by publication in a newspaper of general circulation. The only problem is that if you get a default judgment, the time for setting it aside in longer.

Re: proof of service

You may get an order for service by publication via an ex parte hearing. I parctice in Orange County Courts. Call me directly at (619) 222-3504.

Re: proof of service

Methods of service of process are covered in the Code of Civil Procedure, and all references to sections refer to that Code, which you can access via the Internet or at most libraries.

There are two basic methods of serving an adult individual: personal service (section 415.10) and service by mail (section 415.30). Note that mail service requires that the person served send back a signed acknowledgment form, but if the person fails to send it back, he is liable for the additional costs you incur in serving him by another method (section 415.30(d)).

If neither a 415.10 personal service nor a 415.30 mail-and-acknowledgment works after using "reasonable diligence," you can use section 415.20(b), which authorizes leaving the papers with someone else at the home or place of business, followed up by mailing.

Finally, the court can authorize service by publication; see section 415.50.

If your case is eligible for service, filing and recording of a lis pendens (notice of pendency of action), your attorney should do this soon after the complaint is filed.

Your question suggests that you aren't represented by counsel; most attorneys would know how to get the service accomplished. If you aren't represented, you should be; this kind of case really requires expertise. Further, it's much easier for an attorney to file a lis pendens, in pro. per. plaintiffs need prior approval from a judge. I recently handled a similar case (removing a person who showed on title as a co-owner) with success, and would be pleased to take a detailed look at your case, gratis, if you are currently unrepresented.

By the way, four attempts at service should satisfy the reasonable diligence requirement of section 415.20(b).

Re: proof of service

You are very na�ve as to the law and the procedures. If you continue you will screw this up even more and very possibly not be able to take somebody off of title who actually does not belong there. You must, must, obtain an attorney who is expert in real estate law who understands all of the factors that you clearly do not understand. If you haven't attorney the attorney would be able to deal with the service of process. At no time does the court takeover for you and do your job as a plaintiff. The court is there to make decisions but you must do your job. That is why you must hire an attorney who is expertise in real estate law and understands what to do both in and out of the courtroom. This would require a quiet title action of which you probably have no prior experience dealing with. More importantly it appears that you do not appear on title so you're dealing with somebody else's property. So many questions unanswered but the one that really is is your inexperience applicable to the questions asked.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.