Legal Question in Civil Rights Law in California

Papers being served

My babysitter was served with papers suing me, she refused, but the server came back and insisted that she take the papers, because his b0ss told him they needed to be given, isn't this illegal


Asked on 3/12/09, 1:06 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Papers being served

Code of Civil Procedure section 415.20(b) provides in pertinent part: "[A]summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, . . . in the presence of a competent member of the household . . . , at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left."

You might consider filing a motion to quash, accompanied by declarations from your babysitter and you that the babysitter was not a member of your household, but was only there as a temporary employee. If you appear in court, though, then the plaintiff likely will hand the papers to you on the spot. Good luck!

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Answered on 3/12/09, 2:58 pm


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