Q: how plaintiff can ask court for intervention?
If defective service of process by mail by process servers persists,
how plaintiff can ask court for intervention?
What Statute or rule guides this process?
A:
Under California law, if a plaintiff is facing persistent issues with defective service of process by mail from process servers, they can ask the court for intervention through a motion. The relevant statute and rule that guide this process are:
1. California Code of Civil Procedure (CCP) § 413.30 - This statute allows the court, upon motion, to order that service be made by a method reasonably calculated to give actual notice to the party to be served.
2. California Rules of Court, Rule 3.110(d) - This rule states that if a summons is not served within 60 days after the complaint is filed, the court may issue an order to show cause why sanctions should not be imposed.
Here's the process the plaintiff can follow:
1. File a motion with the court, explaining the issues with the defective service of process and requesting the court's intervention. The motion should include a declaration detailing the attempts made to serve the defendant and the reasons why the service was defective.
2. In the motion, the plaintiff can request that the court allow alternative methods of service under CCP § 413.30, such as personal service or service by publication.
3. The court will review the motion and may issue an order to show cause, requiring the plaintiff to appear and explain why sanctions should not be imposed for the delay in service (per Rule 3.110(d)).
4. At the hearing, the plaintiff can present their case and request the court's permission to use alternative service methods.
5. If the court grants the motion, it will issue an order specifying the approved alternative service method(s).
It's recommended to consult with an attorney experienced in California civil procedure to ensure the motion is properly drafted and filed, and to represent the plaintiff's interests during the hearing.
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