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Defective Service? 3 day notice Eviction

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snownsun13

Junior Member
What is the name of your state (only U.S. law)? CA

I have completed a very thorough amount of research and was hoping that a practicing member of this forum may agree. I am formerly a registered process server and all that experience has taught me the following.

My landlord has not completed proper process of service per CCP 1162. My only knowledge of a 3-day notice in this case was delivered by e-mail. There has been no personal or substituted service and a notice has not been posted at my leased residence. No effective service by my opinion, let alone any attempt to do so.

Given these facts, I believe that I may challenge any UD action on ground of defective service. A CA appeals court upheld that e-mail is not sufficient service in Culver Center v. Baja Fresh.

As a matter of procedure, I am unsure whether to file a demurrer or just an answer to a complaint if issued?

I have been faced with a very difficult tenant situation in which I am facing the 3rd foreclosure proceeding in the last 12 months. I fully expect the trustee to foreclose this time around but covering myself should it not and a UD be filed.
 


CourtClerk

Senior Member
Have you communicated by email before and have you allowed notice to be given to you via email in the past???
My only knowledge of a 3-day notice in this case was delivered by e-mail.
You may want to review new (like 2011) CA legislation as it pertains to electronic service.
A CA appeals court upheld that e-mail is not sufficient service in Culver Center v. Baja Fresh.
 

snownsun13

Junior Member
Sure, we have communicated by email about repairs and what not in the past, but I have not accepted service for anything via email. Our lease agreement also does not contain language that any notice may be given via electronic communication, only that it me made to our address.
 

CourtClerk

Senior Member
Sure, we have communicated by email about repairs and what not in the past, but I have not accepted service for anything via email. Our lease agreement also does not contain language that any notice may be given via electronic communication, only that it me made to our address.
Well of course your lease wouldn't state it, because prior to last week, it wouldn't be permitted...

And I haven't personally read the statute, we only discussed and grazed over it at work for a minute while talking about something else, which is why I suggested YOU go read it.
 

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