Small Claims Service Process

[visions]

I am involved in a small claims case that I am being counter sued, in Kern County, Ca. I was served a notice of the court hearing. It was a copy of the original and it was delivered by the defendant who is counter sueing me. Is this a legal service, according to the court documents regarding service it says anyone who can directly benefit from the claim is not allowed to serve the document. Is this ground for dismisal. 1 it was a copy and not a certified origianl, 2 it was served by the defendent.
Please let me know your opinion.

Thank you

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.310-116.390

 

[I AM ALWAYS LIABLE]

I am involved in a small claims case that I am being counter sued, in Kern County, Ca. I was served a notice of the court hearing. It was a copy of the original and it was delivered by the defendant who is counter sueing me. Is this a legal service, according to the court documents regarding service it says anyone who can directly benefit from the claim is not allowed to serve the document. Is this ground for dismisal. 1 it was a copy and not a certified origianl, 2 it was served by the defendent.
Please let me know your opinion.

Thank you

My response:

No, it is not grounds for dismissal; however, it is grounds for you to file a "demurrer" to the complaint, causing the plaintiff to start the process all over again. The following is your authority specifying what the plaintiff did wrong.

CALIFORNIA CODES
CODE OF CIVIL PROCEDURE
SECTION 414.10

"414.10. A summons may be served by any person who is at least 18 years of age and not a party to the action."

You go to the courthouse and obtain a "Certified Copy" of the Proof of Service that the plaintiff filed with the court that shows his signature as the person serving the complaint. If that's the case, you'll attach your Certified Copy of that Proof of Service as an Exhibit "A" to your Demurrer.

Good luck to you.

IAAL