California | Real Estate Law
Legal Question
My landlord's illegally served us with an unlawful detainer action, by serving the papers to my seventeen year old daughter. First, after this alleged service the process server for the attorney of my landlord's actually physically attacked my daughter in front of witnesses, and we did file a criminal report. Second because I did not file an answer to this illegal service, they were able to gain a default judgement. So now I need to file a motion to set aside default judgement based on several facts. One being the illegal service, and two being that the landlord's already stated that they would accept their rental monies late due to my particular situation. Or should I file a motion to quash service of summons since the original service was in fact illegal? I am in a position to sue the landlords due to the fact that the attorney they hired had this process service hired in their behalf due to chain of command or events, and attack my minor child, or rather probably all three, landlord's, attorney, and company that sent process server. My daughter had to be treated in the emergency room, and has been suffering emotionally and is distressed since such time. Please advise on all aspects. Thank you.
Samantha Williams
Share This On:
