San Jose, CA asked in Employment Law for California

Q: Does email service constitute as mail service

Related Topics:
3 Lawyer Answers
Donald M Barker
Donald M Barker
Answered
  • Costa Mesa, CA
  • Licensed in California

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

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

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.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

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.

Justia Disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.