Legal Question in Consumer Law in California
The attorney who substituted in did not give notice to the defendant. The proof of service clearly shows the document was sent to an address with is not on court records and the defendant never lived at that address. My question is, since no notice was given to the defendant and it does not conform to the notice requirement, is this document void because it does not conform to law?
1 Answer from Attorneys
No. It is most certainly NOT void. All the error means is that if the defendant continued to transact business, including mailing and service of any documents or process to the former attorney or to the plaintiff in pro per, the new attorney and the plaintiff have no grounds to object based on claims that they were not properly served or sent whatever was sent to the old address of record for the plaintiff's side. Mailings, notices and service of process to the old attorney or plaintiff in pro per remains valid until the substitution is properly served or the defendant has actual notice of the substitution and new address.
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