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Joseph
Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I currently am being sued in LA County, California. Both the

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I currently am being sued in LA County, California. Both the complaint and a "NOTICE TO ORDER TO SHOW CAUSE" letter were sent via USPS to my previous address where I no longer live. I have USPS forwarding my mail to my current address. As such, the letters were eventually received at my current address.

The letters were not sent certified mail.

One of the letters is a "PROOF OF SERVICE" saying that I was served via mail. According to the letter, they have made no other attempts, such as in-person, fax, fedex, etc.

Is this a valid attempt to serve me?
Submitted: 9 months ago.
Category: Legal
Expert:  Joseph replied 9 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Yes, unfortunately, this would qualify as a valid attempt to serve you. California does allow service via United States mail, and doesn't require that the mail be sent certified or delivery confirmation.

Since this was sent to your former address and was forwarded to you, it's likely that this was the last known address that the person who sued you had, and they didn't intentionally sent the notice to an address where you don't currently live in order to receive a default judgment.

You can see here that service of process can be made through mail, and isn't required to be made by other alternative means. (On the second page under United States mail).

http://www.courts.ca.gov/documents/pos040.pdf


I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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Thanks and best of luck!

-Joseph
Customer: replied 9 months ago.

Thanks for the reply. Can you point me to a place where I can read about the rules and procedures about filing a complaint? Is it part of the CA Civil Code?

Expert:  Joseph replied 9 months ago.
I'm not sure what you mean by filing a complaint. You can object that the service is defective and your case should be dismissed on that basis.

Such a process is outlined in this case:

Honda Motor Co. v. Superior Court (1992) 10 Cal.App.4th 1043

http://www.leagle.com/decision/1992105310CalApp4th1043_11007

This is based on objections to jurisdiction due to defective service of process here in California Civil Procedure Code Section 418.1:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=418.10-418.11
Expert:  Joseph replied 9 months ago.
The pertinent case holding is here:

Plaintiff argues that it is ridiculous, wasteful and time consuming to reverse the trial court just to force plaintiff to go through the motions of a service under the convention, when there is no question but that Honda has notice of the action, its attorneys stand ready to defend it, and no practical aim can be accomplished by quashing the service. However, plaintiff cites no authority permitting a California court to authorize an action to go forward upon an invalid service of process. The fact that the person served "got the word" is irrelevant. (See In re Morelli (1970) 11 Cal.App.3d 819, 837 [91 Cal.Rptr. 72]; In re Abrams, supra, 108 Cal. App.3d at pp. 693-694.) (3) "Mere knowledge of the action is not a substitute for service, nor does it raise any estoppel to contest the validity of service." (108 Cal. App.3d at p. 693, citations omitted.) "[O]ur adherence to the law is required if we are ever to instill respect for it." (Id. at p. 695.) The Abrams court felt it could not rewrite the work of the California Legislature; how much less are we able to rewrite a federal treaty.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4864
Experience: Attorney with significant and substantial experience in multiple areas of law.
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