Legal Question in Landlord & Tenant Law in California
I was received an unlawful detainer notice by mail by the Clerk of Los Angeles Superior Court. I have not received or been served with a copy of the complaint or summons. The notice says that I have 5 days after I have been served to respond. Is this notice considered being served? The notice has a case # and a date filed. Thank you
1 Answer from Attorneys
No, it's not considered service. The court sends notice because often service might be made on an owner who has been foreclosed and the tenant knows nothing about it, or unscrupulous process servers say they've done their jobs when they haven't.
You should consult with an attorney in your area immediately about what to do next. This could include filing a motion to quash service if you have not been properly served. But do not delay. The owner can obtain a default judgment if you do nothing and things could get complicated and expensive.
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