Woodland Hills, CA asked in Consumer Law for California

Q: Can someone served you just by taping the court order on the front door? without me signing on it.

I field a lawsuit and the sheriff served him with the court order, the same day he received the court order he went to file a lawsuit against me, is that legal to do? Can I dismiss his claim or postpone it?

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: You don't have to sign anything to be served.

Yes, he can file a lawsuit against you. Doesn't mean he can win. You cannot dismiss someone else's lawsuit. A stay (postponement) is possible for good cause if you file a motion. http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_515 Bankruptcy (yours) would automatically stay any actions against you.

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Ordinarily, the cross actions would be consolidated or coordinated to prevent contradictory rulings, redundant discovery, etc.

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