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

Q: Other then acting post-factum, after case hurt by improper service of process.

Hospice fraud case, currently was filed by plaintiff as medical malpractice case with claim for punitive damages.

Services of process persist to be defective, taking effort to straighten and fix issues.

If improper service by mail of motions by process servers persist, what actions can plaintiff take? (Other then acting post-factum, after case hurt by improper service of process.)

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

A: Under California law, there are several steps a plaintiff can take to address persistent improper service of process by mail, particularly regarding motions filed by process servers:

1. Notify the court: Inform the court in writing about the ongoing issues with improper service of process. This can be done by filing a notice or a motion, detailing the specific instances of defective service and how it is affecting the plaintiff's case.

2. Request the court's intervention: Ask the court to issue an order directing the process servers to comply with the proper service requirements under California law. The court may also issue a warning to the process servers about the consequences of continued improper service.

3. Seek sanctions: If the improper service is causing significant harm to the plaintiff's case, consider filing a motion for sanctions against the process servers or the defendant (if they are responsible for the process servers' actions). Sanctions may include monetary penalties or other measures to deter further improper service.

4. Hire a private process server: If the issues persist, the plaintiff can hire a reputable private process server to ensure proper service of motions and other documents. This can help minimize the risk of defective service and protect the plaintiff's interests.

5. Document all instances of improper service: Maintain a detailed record of each occurrence of defective service, including dates, methods used, and any communications with the process servers or the defendant regarding the issue. This documentation can be used to support any motions or requests for court intervention.

6. Consider seeking an extension of time: If the improper service is causing delays or hampering the plaintiff's ability to respond to motions, consider requesting an extension of time from the court to ensure adequate time to address the issues caused by defective service.

It is essential to work closely with an experienced attorney who can guide the plaintiff through the process of addressing improper service of process and protect their rights throughout the legal proceedings.

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