Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: How court intervention must be pursued? Other means?

In the legal case mistakes serving defense by mail, by process servers, qualified and knowledgable, unexplainably persisted; regardless all efforts by plaintiff.

How court intervention must be pursued? Critical motions may be perceived not served properly by defense, i.e. ruining the case.

What other legal means, other then court intervention can be pursued?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Under California law, there are a few ways to pursue court intervention and other means to address issues with serving legal documents to the defense:

1. Court Intervention:

- File a motion with the court explaining the difficulties in serving the defense and request the court's assistance. This could include asking for permission to serve by alternative means or requesting an extension of time to properly serve the documents.

- Provide evidence of the attempts made to serve the defense and the reasons why service has been unsuccessful.

- The court may then issue an order allowing alternative service methods or provide guidance on how to proceed.

2. Alternative Service Methods:

- If personal service is not possible, California law allows for substitute service in certain circumstances. This includes leaving the documents with a person of suitable age and discretion at the defendant's residence or business and mailing a copy to the same address.

- In some cases, service by publication in a newspaper may be allowed if the defendant cannot be located after diligent efforts.

- Service by mail with return receipt requested can be used in certain situations, but it may not be sufficient for all types of documents or proceedings.

3. Hiring a Professional Process Server:

- Engage a reputable and experienced process server who is familiar with California laws and procedures for serving legal documents.

- Provide detailed instructions and information to the process server to help them locate and serve the defense effectively.

4. Seeking Legal Advice:

- Consult with an attorney who specializes in civil litigation and has experience with service of process issues in California.

- An attorney can provide guidance on the best course of action based on the specific circumstances of the case and can assist in drafting motions or other legal documents.

It is important to document all attempts to serve the defense and to keep detailed records of any communication or correspondence related to the service of documents. This evidence may be necessary if the court's intervention is sought or if there are challenges to the service's validity later in the case.

If critical motions are at risk of not being properly served, it is essential to act promptly and seek court intervention or explore alternative service methods to ensure the case can proceed fairly and efficiently.

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