Legal Question in Real Estate Law in California

Re: Serve summon

If the lawyer has represented to you that he or she will accept service of process on behalf of the corporation, the summons and complaint(s) should be served on that lawyer.

Remember that if you are a party, you cannot perform the service yourself. You must have someone else over the age of 18 who is not a party mail or deliver the documents and prepare and file the proof of service.

I have never heard of a case where a lawyer told a plaintiff that he or she would accept service on behalf of a client and the service was later held to be defective because the defendant wasn't served in person. I suppose it's happened, but it is very common for an attorney to step in and receive served papers.

There are some exceptions to the rule that an attorney can receive all papers on behalf of a client; for example, a lis pendens must be mailed to all parties at all known addresses.

This is not the case with a summons and complaint, however; they can be served on an attorney who says he or she is authorized to accept them.

Re: Serve summon

You can serve the lawyer, except you, yourself, cannot. A party to a suit may not serve another party.

I have never heard of a situation where issue was taken with serving the defendant's attorney.

Re: Serve summon

A friend can even serve the lawyer by mail -- along with a Notice and Acknowledgment that could be found on the Judicial Council website. The lawyer would sign it on the corporation's behalf and return it to you. Then you file it with the court. It is in lieu of a proof of service.

Re: Serve summon

You can serve the attorney if he is authorized to accept. Contact me directly for help on the case.