Legal Question in Landlord & Tenant Law in California

An Unlawful Detainer - Eviction Summons was served at my place of residence on 12/23/2010. It was left with someone who does not even reside in the premises. The people who served the paperwork did not ask for the persons' name who accepted the papers, nor did they ask for identification of the person. Is this a legal service? Should I file a Motion to Quash Service of Summons? Also, this was served on a Thursday, and Friday was a court holiday. Does this mean that I have until Wednesday, 12/29/2010 to file a response?


Asked on 12/28/10, 11:16 am

1 Answer from Attorneys

"Substituted Service" is valid service if the summons is given to anyone over 18 at the residence of the person to be served, and then a copy is mailed. As for your date to answer, you were warned when you submitted your question that it would not post to those of us who answer for five days if you choose a free question. So I hope you filed something before now.

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Answered on 1/02/11, 11:26 am


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