Bakersfield, CA asked in Employment Law and Civil Rights for California

Q: Can the facts of Defendant’s contact to the judge with some letter and Motion to Transfer Case be recognized

as "De Facto" acceptance of Summons and awareness of the lawsuit?

The evading Defendant-Corporation has been served (improperly) with the Summons by Sheriff’s Department Officer, who served it on unauthorized individual. The Proof of Service was rejected by the court for this reason.

Later, the Corporation owner contacted to the judge with his Letter of General Denial and Motion to Transfer.

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Unless contact with the judge is expressly made by "special appearance" for purposes of bringing one of just a few motions before the court, such as a motion to quash service, any submission of documents and/or arguments will be considered a general appearance, giving the court jurisdiction over the party. If the other party has prepared and filed a general denial and made a motion to transfer, a general appearance has occurred.

Good luck to you.

Brad S Kane and Ian Pike agree with this answer

1 user found this answer helpful

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.