Does he need to file "Proof of Service"?

[S__]

What is the name of your state (only U.S. law)? California

A friend is being wrongfully evicted, and has been served with an unlawful detainer. He filed an answer within the 5 days.
Questions:
1. Does he need to send a copy of his answer to the plaintiff/plaintiff's attourneys?
2. If so, does he need to file a Proof of Service with the court (stating that a copy of the answer was mailed)?
3. If yes to either of the above, what happens if he doesn't? Does he automatically lose?

Thank you for any help!

 

[Cvillecpm]

yes, yes, yes if the court clerk or landlord brings the ERROR to the court's attention.

Filing an answer is a no brainer....make copies, mail regular mail to landlord's attorney, execute proof of service, file answer and proof of service with the court.

 

[S__]

Thank you.
By the same logic, if the landlord's attorney made a mistake and mailed my friend a document (possibly a proof of service- I'm not sure which one it was, but it was something legal and filed with the court...???) incorrectly, would my friend automatically win?
The attorney sent him something, but the document inside was intended for someone else who, apparently, is being evicted also. He believes that the documents were mixed up and put in the wrong envelopes and sent to the wrong people. He tried to contact the intended recipient for the document he received, but they weren't there, and appeared to have moved out.

 

[CourtClerk]

1. Does he need to send a copy of his answer to the plaintiff/plaintiff's attourneys?

Yes

2. If so, does he need to file a Proof of Service with the court (stating that a copy of the answer was mailed)?

A Declaration of Mailing is sufficient (that's an actual form).

3. If yes to either of the above, what happens if he doesn't? Does he automatically lose?

Technically, the answer can probably be thrown out for lack of service, however, that rarely happens. The plaintiff's attorney will get a copy of the answer when they go and try and file a default and find that an answer has been filed. At that point, whether or not the attorney wants to be difficult with you (or your friend) is another story entirely.

 

[CourtClerk]

Thank you.
By the same logic, if the landlord's attorney made a mistake and mailed my friend a document (possibly a proof of service- I'm not sure which one it was, but it was something legal and filed with the court...???) incorrectly, would my friend automatically win?
The attorney sent him something, but the document inside was intended for someone else who, apparently, is being evicted also. He believes that the documents were mixed up and put in the wrong envelopes and sent to the wrong people. He tried to contact the intended recipient for the document he received, but they weren't there, and appeared to have moved out.

Service can't be done by mail in a UD case so whatever is in the envelope isn't going to cause anyone to lose a case.

Your "friend" needs a landlord/tenant attorney.

 

[S__]

Thanks, CourtClerk.
....Seriously, it is a friend.

 

[Cvillecpm]

ONLY the original UD summons served on the tenant/defendant needs to be served by sheriff per CCP...all other service can be done regular mail with proof of MAILING which is different than proof of service.

You are grasping at straws!!!! Advise your friend to pay their rent!!

 

[CA LL]

Yes, yes and yes.

FYI the person who "serves" the answer via mail CANNOT be a party named in the action. THEY are the ones who should mail and then complete the proof of service..this for the ANSWER filing. Complete instructions are very clearly on all court sites and forms in CA. It might just mean a justifiable "delay" in the case ... it really depends on who notices what and when.

 

[CourtClerk]

ONLY the original UD summons served on the tenant/defendant needs to be served by sheriff per CCP

The CCP does not say that the UD summons must be served by the sheriff. In fact, it can be served by any adult, not a party to the action. The only thing that MUST be served by the sheriff (for obvious reasons) are the writs.

 

[Cvillecpm]

My point was proof of service v proof of MAILING....OP appears confused on these 2 issues.

 

[CourtClerk]

My point was proof of service v proof of MAILING....OP appears confused on these 2 issues.

You said that in the second part of your sentence. What I take issue with is the first part of your sentence, which was inaccurate and just plain old false. Not only that, proof of service and proof of mailing are essentially the same thing since mail is a valid method of service in most civil cases, past the initial summons and complaint.

 

[Cvillecpm]

After the original UD is filed and served personally, sub service, etc....then REMAINING filings are done regular mail....that is the distinction.

I worked for SCRIMS in Sonoma county for several years and routinely filed answers to UDs and provided proof of mailing/service and I NEVER went to the court house....I went outside and mailed copy to the landlord/landlord attorney regular mail.

 

[CourtClerk]

After the original UD is filed and served personally, sub service, etc....then REMAINING filings are done regular mail....that is the distinction.

I worked for SCRIMS in Sonoma county for several years and routinely filed answers to UDs and provided proof of mailing/service and I NEVER went to the court house....I went outside and mailed copy to the landlord/landlord attorney regular mail.

You are shying away from your statement which is the one I took issue with. Regardless of where you worked, or what you did your statement:

ONLY the original UD summons served on the tenant/defendant needs to be served by sheriff per CCP

is wrong. However, since I know that, you now know that and now (hopefully) the OP knows that, but you won't really admit it, we'll leave it at that.