Legal Question in Civil Litigation in California

Improper service of notice

If i filed an answer to a temp. Rest. Order, but stated that service was improper at the first hearing, and the judge issues a new hearing date, does that answer constitute a valid service. Or did p have to reserve me personally and start all over?


Asked on 12/10/06, 8:04 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Improper service of notice

By answering you have waived any challenge to service. Think of it the way the judge would, if you were not served, then how did you know to answer?

It is time to forget about challenging service and moving on to important things. Since you have taken it upon yourself to represent yourself in a restraining order situation, you might as well get rid of your firearms now, and get comfy with being branded a "quasi-criminal."

It is a sure bet that court is going to grant that restraining order against you. Next time at least speak to an experienced attorney, if only for a free consultation.

Very truly yours,

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Answered on 12/15/06, 11:38 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Improper service of notice

If you only objected to the service and the objection was accepted by the Court, then you would have to be served again. It sounds like you made a general appearance as well as objected to the service from your description.

Frankly, fighting service is often just a delay tactic and you eventually get served and have to deal with the issues on a substantive level regardless.

You should defend on the facts at this point. Also, you need to know if the court considered your "appearance" as a general appearance. If so and you don't respond, a default will be entered against you.

Play it safe and assume you were served and that a clear response is due if you have not already filed one.

Regards,

Mark Geyer

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Answered on 12/18/06, 2:00 pm


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