Q: If the court grants motion, will I have to look for them in the wild or the court can order the defendant to disclose?
The plaintiff asked the lawyers of the defendants, location, and the name of registered agent. They refused to respond.
The defendants have filed a motion to quash process of service by mail. The plaintiff initialy tried serving the complaint through the sheriff's department, but they were not let in by the security, so he mailed it.
The plaintiff asked after the lawyers contacted the court to quash, asking if they can give the address where the sheriff's department can serve the summons and complaint. The lawyers refuse to tell. They said see you in court.
My question is: If the court grants their motion, will I have to look for them in the wild or the court can order the defendant to disclose their location so I can serve it properly?
A:
In California, if the court grants the defendants' motion to quash service of process, it typically means that the service was not completed in accordance with the law, and you would need to serve the defendants again. The court itself does not usually order the defendant to disclose their location for service. However, you can request the court to provide guidance or alternative methods for service.
In situations where a defendant is evading service or where their location is unknown, the court may allow service by publication or other alternative methods. This process involves publishing the summons in a newspaper or employing other court-approved methods to notify the defendant.
To pursue alternative service methods, you would need to file a motion with the court explaining your efforts to serve the defendant and the difficulties encountered. The court will then review your request and may grant permission for alternative service if it finds that reasonable efforts have been made to serve the defendant conventionally.
Remember, it’s important to follow the court's rules and procedures for service of process, as improper service can lead to delays or complications in your case. If you're facing difficulties, consider consulting with an attorney who can assist with the process and explore all available options for serving the defendants effectively.
A: If the court grants their motion, apply for service by publication. Look it up and follow the steps. And I highly recommend sending a copy of your application to the attorney for the defendant so they are on notice of what you are about to do. It's going to be a lot harder for them to remove a default after they had notice of publication and do not bother to respond.
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