San Jose, CA asked in Employment Law for California

Q: Does email service constitute as mail service

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3 Lawyer Answers

A: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1010.6.

A: Mr. Barker has provided you with the foundational statute regarding the ability to e-serve documents in California litigation. I would just note that the Judicial Counsel published a temporary emergency order earlier this year in response to the Covid crisis modifying that law and allowing e-service in many other circumstances. See here for more on that order: https://newsroom.courts.ca.gov/news/judicial-council-mandates-electronic-service-of-documents-in-most-civil-cases

Good luck to you.

A: I see from your later question that you are using the term of Art "SERVICE" improperly. For Attorneys the word "SERVICE" refers to the service of documents generated as a result of a litigation, and it also applies to certain required notices under the Civil Code and Code of Civil Procedure- such as a 3 day notice to quit, or a 60 day notice to terminate tenancy. Delivery of litigation documents is controlled by law because they often start the clock on a time period for a response. From your later question you were asking about being given a "termination notice" which does not have any legal requirement for delivery from the employer to the employee. The employee does not have a specific time period to deliver a response- no response is usually required. You were not "SERVED" with a termination notice, it was given or delivered to you by your employer.

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