It is not valid service, but will be treated as valid unless you file a motion to quash. Your employer has the right to open anything that comes to them that is not clearly and obviously personal, particularly if it does not come by mail.

Service clearly was defective as your ex-employer could not be assumed to be reasonably likely to send the summons on to you. Also, a summons would probably be obviously private mail/document so should not have been opened by the employer. but as Mr. McCormick points out, you would have to file a motion to quash, in which you would have to provide your current address, and after spending $360 as a filing fee [which you would have to spend otherwise to file an answer], the will merely serve you at your home. You can call them and tell them the errors and perhaps they will agree to reserve you, but does it really matter?.

Dear Curious in California,

I deal with the issue of employees being sued a lot. Your employer is required to defend you for what you did in the course and scope of your employment, generally speaking. I can help inform your employer of the law if he is not currently doing this, if you want to send me an email. As far as the summons, ignoring court documents is usually not the right move.

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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