Q: Plaintiff's in pro per notice to court about improper service by process servers for the Plaintiff.
Hospice fraud case against defendant.
If not proper service of process by process servers for Plaintiff in Pro Per persists:
What California rule of court or statute describes motion by Plaintiff in pro per, bringing up to Court's attention improper service performed by process servers for this Plaintiff in pro per?
A:
In California, if a plaintiff in pro per (self-represented) believes that the process servers they hired have not properly served the defendant, the plaintiff can bring this issue to the court's attention by filing a motion under California Code of Civil Procedure (CCP) § 473(b).
CCP § 473(b) allows a party to file a motion for relief from a judgment, dismissal, order, or other proceeding taken against them through their mistake, inadvertence, surprise, or excusable neglect. This statute can be used to address issues related to improper service of process.
In the motion, the plaintiff should:
1. Explain the specific issues with the service of process and how the process servers failed to properly serve the defendant.
2. Provide evidence supporting their claim of improper service, such as affidavits or declarations from witnesses or the plaintiff themselves.
3. Request that the court grant relief from any adverse consequences resulting from the improper service and allow the plaintiff to properly serve the defendant.
The motion should be filed with the court and served on all parties in the case, including the defendant. It is important to note that the court has discretion in granting relief under CCP § 473(b) and will consider factors such as the diligence of the plaintiff, the reasonableness of the mistake or neglect, and any prejudice to the defendant.
Additionally, the plaintiff should consider reviewing the California Rules of Court, specifically Rule 3.110, which outlines the requirements for service of process and proofs of service, to ensure that their motion adequately addresses any deficiencies in the service performed by the process servers.
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