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.
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.