Legal Question in Civil Litigation in California

Re: Subpoena Duces Tecum

You first need to assure that you have proper service on the person, even if you suspect that they will not answer the Complaint. If the UPS store does have an Agreement with the defendant that they are the Agents for Service of Process, try serving that store as her agent for service. They will either accept service or reject service. If service is effected that way, you can take the defendant's default if there is no Appearance filed timely. I assume that you are trying to use the Subpena DT to obtain the person's address. I suggest waiting to try that until you either know she has been served properly or not. I frankly don't think the UPS store has an obligation to provide the information without you also serving a Notice to Consumer. Best suggestion, talke with an attorney about proper service if you have questions.

Re: Subpoena Duces Tecum

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Re: Subpoena Duces Tecum

You have properly served the defendant in care of a Commercial Mail Receiving Agency (CMRA).

Under California law, every CMRA must require its customers, at the time they originally rent a CMRA-operated mailbox, to agree that the CMRA is their agent for service of process.

The proof of service of the summons and complaint that you file with the court should say that the CMRA was served as the defendant's agent under Cal. Business & Professions Code Sec. 17538.5(d)(1).

You should file a Request to Enter Default at the time you file the Proof of Service of Summons and Complaint. If you were smart enough to serve a Statement of Damages, or the complaint states the amount you are suing for, and she does not file an answer within 30 days, you may also apply immediately to the court for a default judgment.

See www.leginfo.ca.gov -- and you other attorneys missed the issue.

Re: Subpoena Duces Tecum

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California.

We can review your documentation by fax and speak with you by phone.

Re: Subpoena Duces Tecum

Since you do not know the procedures for discovery and subpeonas, you should consider hiring counsel to keep you from taking action that could harm your case and create liability for improper use of the court power. If it really ends up a default, then the attorney time would not be that great to pay for. Feel free to contact me if interested in doing so.