Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 9 years ago,

User Stats

222
Posts
34
Votes
Neil G.
  • Investor
  • Socal
34
Votes |
222
Posts

UD Defendant Vacated, DOES moved in & refused ID toProcess Server

Neil G.
  • Investor
  • Socal
Posted

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."