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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88781
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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IF an apt CA rented by an LLC and the LLC office is not at

Customer Question

IF an apt CA rented by an LLC and the LLC office is not at Apt but another address, Can they Nail and mail a unlawful detainer for that LLC on the Apt and not deliver personally to LLC rep or publish
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and for asking for me. I look forward to working with you to provide you the information you are seeking.

Under CA law, they must serve notice on the tenant either personally or by the "nail and mail" method, which involves maling a notice to the tenant and posting notice on the door of the apartment. If they never served you with any notice, then you have grounds to file your motion to vacate judgment.

[§31.9] Service of Summons by Posting
The summons in an unlawful detainer action may be served by
posting only after the court has been satisfied that the defendant cannot be served by any other method using reasonable diligence. CCP §415.45.
When service is made by posting, two affidavits of service must be filed with the court: one from the person who posted the summons on the property, showing when and where it was posted; and another showing when and where copies of the summons and complaint were mailed to the defendant. CCP §417.10(e). See: http://www2.courtinfo.ca.gov/protem/pubs/bg31.pdf

 


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Customer: replied 1 year ago.

Thank you but to finish the answer want to make sure. The property was leased to our LLC as a general corporate rental so LLC office not at apt and LLC never got summons THEY SAY POSTED. Thought had to serve an LLC in person or get approval to publish. Not just post on apt. Please advise

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your additional clarification.

They had to provide you notice by posting and because it was an LLC they had to mail notice to the last address they had for the LLC or to the registered agent of the LLC. If they just posted and never mailed notice, then you can challenge the sufficiency of service to the LLC.
Customer: replied 1 year ago.

Is there a CA code number for that.(It does say on Judges order that allowed posting that they had to immediately by certified mail send copy to defendant at defendants last know address which they did not do.)


 


Is the documents to file a motion to vacate judgement and if want them to stop any collection activity also request an injunction on that activity


 


They also leased premises to LLC but put on Lease LLC represented by Paul Weisman(me) but the lease was to the LLC. I want to ask to vacate the Judgement on Paul Weismann because not a co lessee or guarantor and found later that they filed for judgement of me also. Can I file that request on the same motion or does it need to be a separate motion.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The code number is XXXXX one I provided above about service and it says the "last known address" so that is the code, you have it already.

As a representative of the LLC, you are not liable for the LLC and they should have no personal claim against you, so if they got one you can get it vacated. Under CA law, the LLC has to be represented by an attorney, so you cannot file any legal documents or pleadings on behalf of the LLC, you need to hire an attorney to represent the LLC.

The LLC is considered a separate legal entity and the owner of the LLC cannot represent the LLC, it would be considered the unauthorized practice of law.
Customer: replied 1 year ago.

Just to verify, what happens if I did file the motion without an attorney, could the judge just throw out or would court not accept.

Expert:  Law Educator, Esq. replied 1 year ago.
The motion on behalf of the LLC would be "stricken" by the court, which would mean it would be like it was never filed, based on you not having the legal capacity to represent the LLC.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88781
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

OK going to file a motion to vacate judgement and already have court date


As part of that motion can file an injunction to stop any collection proceedings while motion being heard. How best to do that and what format use. Thanks .

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and update.

Yes, you can file for an injunction to stay collection proceedings, it is done by a motion to stay enforcement of judgment, which is primarily the same format as the other motion you have filed. It has to be accompanied by a memorandum of law explaining the irreparable harm from enforcement and how you have a likelihood of success on the merits of your case.

Again, this is going to have to be filed by an attorney representing your LLC, since if you file it pro se it would be stricken as you do not have authority to represent the LLC.
Customer: replied 1 year ago.

Hi Paul


In San Diego can you give me idea what it should cost to file a motion to vacate and injunction. Do you suggest anyone


Paul

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The cost should be about $1000 or so, maybe a little less just to file the motion and represent you through the motion hearing. I am afraid that we are forbidden from making any personal referrals and the best we can suggest are the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org

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