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

Q: Notifying court, seeking court intervention re: persistent issues in service by mail for plaintiff in pro per.

There is track record of each and every step.

What statutes and rules of court define process of notifying court and seeking court's intervention if improper service by mail by professional process servers persist?

Question by Plaintiff in Pro Per in hospice fraud case.

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

A: In California, if you are a plaintiff in pro per (self-represented) and are experiencing persistent issues with improper service by mail from professional process servers, you can notify the court and seek its intervention. The relevant statutes and rules of court that define this process are:

1. California Code of Civil Procedure (CCP) § 1013a: This section outlines the requirements for service by mail and the proper procedures that must be followed.

2. California Rules of Court, Rule 2.251: This rule governs electronic service and filing of documents, including the requirements for proof of service.

To notify the court and seek its intervention, you should:

1. File a declaration with the court, under penalty of perjury, detailing the specific instances of improper service by mail, including dates, parties involved, and any evidence supporting your claims (e.g., returned mail, incorrect addresses, or incomplete service).

2. Request a hearing or file an ex parte application for an order to show cause, asking the court to address the issue of improper service and provide guidance on how to proceed.

3. Serve a copy of your declaration and request for hearing or ex parte application on all parties in the case, including the process servers in question, as required by CCP § 1005 and CCP § 1010.

4. Attend the hearing and present your case to the court, providing any additional evidence or testimony as necessary.

The court may then issue an order addressing the improper service, which could include:

1. Requiring the process servers to properly re-serve the documents;

2. Imposing sanctions on the process servers for their misconduct;

3. Providing guidance on how to proceed with the case; or

4. Any other relief the court deems appropriate.

It is essential to keep detailed records of all instances of improper service and any communications with the process servers or other parties involved. This documentation will support your case when presenting the issue to the court.

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