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Notice of Unlawful Detainer in California

A Notice of Unlawful Detainer in California is the subject of this blog post. This notice is issued by the court clerk pursuant to the provisions of Code of Civil Procedure section 1161.2. The notice is required to be mailed to each defendant named in the action, another copy addressed to all occupants must be mailed separately to the property address.

Many tenants in California who receive this notice are confused as to how they should respond. While nothing in this blog post should be considered legal advice the law clearly states that the notice served by the court clerk does NOT constitute service of the summons and complaint. The tenant has no duty to respond unless and until they are properly served with a copy of the summons and complaint.

Code of Civil Procedure section 1161.2(c)(4) states in pertinent part that, “The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises. The notice shall not constitute service of the summons and complaint.” (Emphasis added).

However any tenant receiving this notice needs to be aware that they will be served with the summons and complaint within days in most cases. Intentionally evading service is never a good idea as that does not look good in Court. However that being said the author knows of no particular law or published case in California that states that anyone is required to actively cooperate in allowing themselves to be served. A tenant who simply comes and goes as they normally do and can prove this is complying with the statutes. In plain English a tenant does not have to alter their schedule to wait around to be served. They just need to be aware that they almost surely will be served with the summons and complaint very quickly.

Attorneys or parties in California who would like to view more information on a collection of over 20 sample legal documents for use by California tenants including an answer, demurrer, motion to quash service and more sold by the author for only $59.99 can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view other sample legal document packages for sale by visiting: http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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