San Bernardino, CA asked in Landlord - Tenant for California

Q: Tenant filed their response to UD on 12/16. They were served w/ complaint on 12/27. Is response valid or invalid?

The tenants were served the complaint and summons on 12/27. Yet they filed their response on 12/16. Is their response valid? It seems that they are putting the cart before the horse.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Generally, when a case is filed a defendant can file a response without being served, if they so choose. Not clear from your post how they knew about the complaint, but the response would not be invalidated just because they were served afterwards.

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