Legal Question in Civil Litigation in California

I lent money to an individual (borrower) who, as collateral, assigned to me interest in a one quarter piece of property which he is owner of. The entire property is the subject of a partition action, with the borrower being the plaintiff. The individual/plaintiff is now in default to me, the lender, and I may have to sue him for breach of contract. Can I consider his attorney, who is representing him in the partition action, and who also created the assignment docs re the loan, as an agent for service?

Asked on 12/07/15, 10:05 am

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

No, unless you ask first and he agrees to act as such.

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Answered on 12/07/15, 1:01 pm
Timothy McCormick Haapala, Thompson & Abern, LLP

No. An agent for service is only for a business. You must serve the individual, or a person who they directly authorize to accept service for them.

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Answered on 12/07/15, 1:14 pm

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