Legal Question in Civil Rights Law in California

Have I really legally been served? I inherited commercial property with 2 restaurants in a trust from my deceased parents. The property is still recorded in both my parents name and the trust.

In late June 2017, I had gone on vacation and my cousin was at my home to feed the dog, and check on the house. She told me a gentleman had come to the door looking for my (deceased) dad. She told him no one lived there by that name. Later when she left, she noticed a stack of papers laying and blowing at the end of the driveway by the street. The papers were for a Civil lawsuit filed by a wheelchair person for ADA non-compliant on the commercial property. Listed as the defendant is one our restaurant tenants that is a SUB-TENANT and my deceased fathers name and DOES 1-10, INCLUSIVE.

MY question is, "Have I legally been served?"

Asked on 8/22/17, 8:11 am

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

This does not appear to be valid service, but no one will give you a definitive opinion in a public forum. At a minimum, a lawyer will need to review the papers and talk to you in more detail.

The danger is that the plaintiff may think there is valid service, because the person who signed the papers will sign a proof of service. A default judgment may then be entered, and someone will have to go set it aside. This is just an added expense before you even reach the merits of the case -- and you may even lose the motion to set aside the default judgment. It is best to get an attorney this now, so that you can get "ahead of the curve," and protect your property.

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Answered on 8/22/17, 8:18 am

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