Q: Can attorney for the defendant in a very similar (unlimited civil) case be the agent to receive summon of a new case?
Hi, The defendant has been in hiding; It hasn't been possible to locate him to send the summon for the new case. Both cases are almost identical. Thank you.
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A:
Generally, an attorney for a defendant in one case cannot automatically be considered an agent for service of process in a separate case, even if the cases are very similar.
In California, proper service of process typically requires:
1. Personal service on the defendant
2. Substitute service at their home or workplace
3. Service on an agent specifically authorized to accept service
An attorney from a different case wouldn't typically qualify under these methods unless they've been explicitly designated as an agent for service.
However, given the difficulty in locating the defendant, you may have some options:
1. Motion for alternative service: You could ask the court to allow service by other means, potentially including service on the attorney if you can show a connection.
2. Service by publication: If the defendant truly can't be found, the court may allow service by publishing a notice in a newspaper.
3. Investigate whether the attorney has authority: In rare cases, an attorney might have broad authority to accept service for their client in related matters.
I'd recommend consulting with a local attorney familiar with California civil procedure to discuss these options and determine the best approach for your specific situation. They can provide personalized advice based on the details of your case and local court practices.
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