Q: plaintiff falsified a 60 day notice to defendants,using a property management company(owner of the company had no idea)

is that a legally served 60 dday notice, but no one (defendants)where hand served the notice.

?? plaintiff lied to the police and the court clerk about when he made his own proof of service and filed that with the court.is that legal service, because he served it himself and filled out the proof of service himself and filed it . although not one of the defendants were served the 60 day notice . ? he falsified that legal document,signed,dated,and filed it.then he later 2 days before the 60 day notice was up had his brother do another proof of service with the same date 58 days ago that the plaintiff filed and mailed to defendants, but then used the new proof of service with his brother signed instead of the original that the plaintiff filed and mailed?

1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: 1. The date that the proof of service is filed is not important. The date that the service took place is.

2. A property manager may serve legal documents on a tenant. There are several ways that documents may be served. All of the tenants -- those on the lease, as well as the other occupants, would have to be served in some manner.

3. Did you receive a copy of the complaint, whatever the means? If so, I think it would be a good idea to answer it before the landlord takes your default and has you evicted.

Unlawful detainer procedures are very specific and must be followed. But if they are, courts do not generally pay much attention to unrepresented tenants who raise bogus issues.

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