Legal Question in Landlord & Tenant Law in California

Dishonest facts in court summons for unlawful detainer. I found an unlawful detainer on the floor of the property I was residing in. I was reading the document, in it it has exibit 2 as the 3 day pay or vacate paper. it states that the paper was left on 10/11/14 with : "adult female in charge". This didn't happen, it was posted on our door on 10/12/14. My wife didnt answer the door so the person taped it to the door. But, in the unlawful detainer they checked they left copy with :adult female in charge. How can i fight and prove this?


Asked on 11/03/14, 12:55 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Legally, it is a waste of your time. Defective service may be waived if defendant admits receipt of notice. (Valov v. Tank (1985) 168 Cal.App.3d 867, 876.) You've already admitted that your wife was present, but refused to answer the door, and you've admitted receiving the notice. Avoiding service does not invalidate service.

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Answered on 11/04/14, 6:40 am


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