obvious problem with proof of service

[cjbrown929]

What is the name of your state? CA

This is an ongoing saga, but hopefully my questions can benefit others.

My ex-gf filed a civil harassment claim against me. The restraining order was granted when I did not appear. I will be filing a motion to vacate the default judgment using PC 473.5 stating that I was never actually served.

I sent for a set of the documents in the case and discovered that the first proof of service states that they served me on 1/06/2006 at 2:25pm. The actual documents in the case were not filed until 4:42pm on the same date. Assuming that the courts records are accurate, the proof of service cannot possibly be correct.

Is this an issue that I can use to achieve my goal more efficiently?

The court minute order on the date I was supposed to have appeared (CIV 709 San Diego Superior Court) noted under "other orders" that "court notes proper service"

Thanks for any ideas!

 

[garrula lingua]

It's been a while since I've practiced civil law...I believe you need to file a Motion To Quash Service.

Post this on the civil law board & you should get a response from a civil atty.

 

[cjbrown929]

garr: thanks for response!

 

[Probationer]

What is the name of your state? CA

This is an ongoing saga, but hopefully my questions can benefit others.

My ex-gf filed a civil harassment claim against me. The restraining order was granted when I did not appear. I will be filing a motion to vacate the default judgment using PC 473.5 stating that I was never actually served.

I sent for a set of the documents in the case and discovered that the first proof of service states that they served me on 1/06/2006 at 2:25pm. The actual documents in the case were not filed until 4:42pm on the same date. Assuming that the courts records are accurate, the proof of service cannot possibly be correct.

Is this an issue that I can use to achieve my goal more efficiently?

The court minute order on the date I was supposed to have appeared (CIV 709 San Diego Superior Court) noted under "other orders" that "court notes proper service"

Thanks for any ideas!

FUK YOU, MARY!
Junior Member Join Date: Apr 2006
Posts: 10

Mary Strikes Again By Changing My Forum Name to "Mary2"!

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FUK YOU, MARY!
Junior Member Join Date: Apr 2006
Posts: 7


Mary Strikes Again By Changing My Forum Name to "Mary2"! But then, she banned "Mary2" so now I've come back as "Fuk You, Mary!" I love playing childish games, too!

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Mary2 Posts: n/a


What's the matter, Mary? Getting thin-skinned in your old age?




Quote:
Mary&GarrySuck
Junior Member Join Date: Apr 2006
Posts: 7


Originally Posted by Indiana Filer

IAAL,

I thought all that business was over! What happened?

I don't know where you got that idea, but no, it's not over. Mary knows what to do. She's the one who banned me, and keeps banning me, because she has tender skin. She's being childish, and as long as she's being childish, I'll do the same. I'll just keep coming back under different forum names - - since, apparently, that's what she wants, and can't do anything about it, except banning each new forum name.

I have, thus far, refrained from contacting her at her home out of respect for her kids who use the computer, preferring to let her know my thoughts about her on these forums. But, she knows what I want, and she can stop the lunacy if she wants. Or, I can keep coming back and taunting her. She refuses to contact me about this problem in any way, shape or form. Talk about childishness.

Got that, Mary?

IAAL


HERE'S A MESSAGE I RECEIVED FROM THAT STUPID BITCH, MARY . . .

vBulletin Message

You have been banned for the following reason:
None

Date the ban will be lifted: Never

What you don't seem to understand is that I'll just keep coming back under different forum names. That's all you can do - - is ban forum names. But, doing so doesn't ban "IAAL".

Besides, "never" is such a long time, right?

Geez, don't you learn?

IAAL

 

[Dandy Don]

Please explain why you didn't show up.

The time discrepancy will not matter in this case. They could have gone through the procedures to serve you before the papers were actually filed. Do they show your correct address and did you actually receive them later (perhaps on a different day at a later date)?

DANDY DON IN OKLAHOMA ([email protected])