Legal Question in Real Estate Law in California

summons and complaints

summons and complaint was served when know one was home .walked in house without permission and left it in the middle of the living room .came home and found it


Asked on 6/13/02, 1:11 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: summons and complaints

You could file a Motionn to Quash service of Summons. I usually do not recommeding this procedure because at most, it only delays the action for 30 day and you could be reserved. I recomment that you answer or demurrer to the complaint, if appropriate. If you fax me the complaint and any documentation you have for your defense to 714 363 0229, I will call you and provide you with free consultation.

Read more
Answered on 6/13/02, 7:52 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: summons and complaints

You didn't say whether this is unlawful detainer or something else. The applicable law is somewhat different, see, e.g., Code of Civil Procedure section 415.20(b) re service by leaving a copy at the dwelling, and section 415.45 re 'nail and mail' service in unlawful detainer.

Whether the entry into your residence to leave the papers on your table was unlawful or not depends on facts you haven't given; in an unlawful detainer your rights of occupancy and hence privacy and notice rights are likely to be weak at best and you may not have a right to object to the entry.

Read more
Answered on 6/13/02, 2:43 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California