California  |  Real Estate Law

Legal Question

Asked on: 5/15/13, 3:14 pm

My apologies for the incorrect spelling of breach. If my attorney or process server, serves my tenant's attorney will that be a legal service for the tenant even if that is not the current deal being handled?

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Answered on: 5/15/13, 10:17 pm by Timothy McCormick

No.


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Libris Solutions - Dispute Resolution Services 201 Spear St., Suite 1100 San Francisco, CA 94105

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Answered on: 5/16/13, 8:55 am by Anthony Roach

No, it's not valid service. The tenant has to be served.


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Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

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Answered on: 5/19/13, 10:37 am by Bryan Whipple

I think the previous answers may be wrong. The Rutter treatise on civil procedure before trial says that "personal service" of a summons and complaint can be made upon the defendant or the defendant's authorized agent. I believe you could ask the defendant's attorney whether he or she is authorized (and willing) to accept service on behalf of the client. If the attorney agrees to accept the service, then I believe it's valid.


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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

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