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

Q: Plaintiff's in pro per notice to court about improper service by process servers for the Plaintiff.

Hospice fraud case against defendant.

If not proper service of process by process servers for Plaintiff in Pro Per persists:

What California rule of court or statute describes motion by Plaintiff in pro per, bringing up to Court's attention improper service performed by process servers for this Plaintiff in pro per?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, if a plaintiff in pro per (self-represented) believes that the process servers they hired have not properly served the defendant, the plaintiff can bring this issue to the court's attention by filing a motion under California Code of Civil Procedure (CCP) § 473(b).

CCP § 473(b) allows a party to file a motion for relief from a judgment, dismissal, order, or other proceeding taken against them through their mistake, inadvertence, surprise, or excusable neglect. This statute can be used to address issues related to improper service of process.

In the motion, the plaintiff should:

1. Explain the specific issues with the service of process and how the process servers failed to properly serve the defendant.

2. Provide evidence supporting their claim of improper service, such as affidavits or declarations from witnesses or the plaintiff themselves.

3. Request that the court grant relief from any adverse consequences resulting from the improper service and allow the plaintiff to properly serve the defendant.

The motion should be filed with the court and served on all parties in the case, including the defendant. It is important to note that the court has discretion in granting relief under CCP § 473(b) and will consider factors such as the diligence of the plaintiff, the reasonableness of the mistake or neglect, and any prejudice to the defendant.

Additionally, the plaintiff should consider reviewing the California Rules of Court, specifically Rule 3.110, which outlines the requirements for service of process and proofs of service, to ensure that their motion adequately addresses any deficiencies in the service performed by the process servers.

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.