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I am the landlord that served 3 day notice to pay or quit on…

Customer Question
Hi Pearl, i am...

Hi Pearl, i am the landlord that served 3 day notice to pay or quit on my tenants. They did not, I did personal service by a non registered agent with the summons and complaint. They answered 5 days later with a motion to quash service. Trial for that is set to Tuesday. Can I do an ex parte motion for summary judgement on the same day?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Month-to-month. no

Submitted: 8 months ago.Category: Landlord-Tenant
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Customer reply replied 8 months ago
This pertains to Riverside County, CA. My tenant paid for July with a bounced check. He corrected that. In August he paid again and requested to hold check until the 17th, the check bounced again. He has failed to correct this and is now behind on rent for August and September. This is my first rental property and i failed to check his credit and background. I have now checked it and realize he has a lengthy history of judgements and liens against him, as well as multiple evictions, 2 chapter 7 bankruptcys, etc...
Customer reply replied 8 months ago
he is a paralegal and seems to know his options to delay the process. I would like the court to rule on the motion to quash ( i am bringing my own server to testify) as well give a summary judgement on the eviction to give me a writ of possession, can I do this as an ex parte summary judgement motion??
Answered in 17 minutes by:
9/9/2017
Lawyer: Michael Bradley,
 replied 8 months ago
Michael Bradley
Category: Landlord-Tenant
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court. This is called “service of process.”

"Service of process" means that the other side must get copies of any paper you file with the court. In “service of process” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.”

Until the other side has been properly "served," the judge cannot make any permanent orders or judgments.

The “server” or “process server” can be:

  • A friend or relative;
  • A coworker;
  • A county sheriff or marshal;
  • A professional process server; or
  • Anyone over 18 who is NOT part of the case.

In all cases, the “server” or “process server” MUST:

  • Be 18 years old or older;
  • Not be a party to the case;
  • Serve the paperwork on the other side in the time require;
  • Fill out a proof of service form that tells the court whom they served, when, where, and how; and
  • Return the proof of service to you so you can file it with the court.

Remember, it is very important that you, if you are the plaintiff/petitioner or defendant/respondent, do NOT serve your own papers.

Note: If you hire a process server, give them a photo of the person they have to serve (if you have one) and a list of times and places when it will be easy to find that person. Look for a process server who is close to where the other side lives or works. Fees are often based on how far the server has to travel. So this will save you money.

Types of service

There are several ways to serve papers. The information here about the types of service is general. Not all of them are allowed in all cases, or at all stages of a case. So, for your type of case, only some of these types of service may be allowed. The individual sections on this Online Self-Help Center will tell you what types of service are allowed in your case.

Service can be complicated and it is VERY important. If it is not done right, you will not be able to move forward with your case. If you are not sure how you must serve your paperwork, ask your court’s small claims legal advisor.

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Lawyer: Michael Bradley,
 replied 8 months ago

from what you have said it appears that you have good service and the motion to quash should be denied

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Customer reply replied 8 months ago
the server knocked on the door and the tenant answered but when he heard he was being served, he slammed the door shut. The server left the papers on the doorstep and announced he was doing so. Tenant took a picture of the docs on his frontstep and says that he was never there and found the docs on his frontsteps the following morning with a picture attached.My question is also about the ex parte motion for summary judgement for the judge to rule the same day. Can the judge rule on the eviction that same day or will he not even consider and give the tenant another 5 days to respond to the summons?
Lawyer: Michael Bradley,
 replied 8 months ago

once he agrees that service was made then he will move forward with the eviction

In my opinion that was good service

good idea to bring person who served it with you to testify

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Customer reply replied 8 months ago
How do i file a motion for summary judgement to be heard the following day?
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Michael Bradley
Michael Bradley
Category: Landlord-Tenant
Satisfied Customers: 1,377
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