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Neil G.
  • Investor
  • Socal
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UD Defendant Vacated, DOES moved in & refused ID toProcess Server

Neil G.
  • Investor
  • Socal
Posted Mar 24 2016, 11:37

So the process server I hired to serve the Summons/Complaint/Prejudgment Claim of Right to Possession indicated she tried 2 times last week and 1 time this week and each time she was confronted by an entire family in the SFD being vacated, who somehow moved in and would not give their names but informed that they do not know the named Defendant =L

Process server is mailing the proof of service into court (Los Angeles) but I am now wondering how does that work since per LA and OC websites' wording, that they expect even the Claim of Right to Possession be delivered (whether direct or substituted) to a named defendant?!

I mean to say, i thought the whole point of serving a separate copy of the summons/complaint and prejudgment claim of right to posession would be to inform 'everyone' possibly living there (All Occupants) that there is a UD filed and eviction pending; wouldn't serving the claim of right to possession also to the same named defendant open up the possibility of the defendant 'hiding' the summons and blank prejudgment claim from anyone else living there? (or in my case, the reverse; the defendant long vacated but left the dwelling to unnamed squatter 'Does')

the UD filed does (pardon pun!) name the defendant and Does 1-10 inclusive, and the process server told me she served the extra copy of summons/complaint + CP10.5 to 'Doe 1' on behalf of 'all unnamed occupants'.

still, this OC site wording perplexes me; yes i'm dealing with this case Pro Per so dont have legal counsel nor expect any.. but opinions/experience/insight are welcome =D

http://www.occourts.org/self-help/landlordtenant/f...

"

SERVE A PREJUDGMENT CLAIM OF RIGHT OF POSSESSION:

You can serve the Summons, Complaint and a blank Prejudgment Claim of Right of Possession (CP 10.5) on one of the defendants on behalf of "unnamed occupants." The occupants who are not named in the complaint can add themselves to the action as defendants. To do this, they have 10 days to file the Prejudgment Claim with the court. If they do not file a Prejudgment Claim, the judgment you get in court will apply to them. They cannot file a post-judgment claim of right to possession. This does, however, delay the time in which you can obtain a judgment to evict from 5 days to 10 days."