Contesting Improper Service Steps

Summary

In California, if you were not properly served in an unlawful detainer case, you can file a Motion to Quash Service of Summons (Form UD-150) and a Declaration in Support of Motion to Quash (Form MC-030). These forms require you to detail why the service was improper and provide supporting evidence. File the forms at the court where your eviction case was filed and serve a copy to the landlord or their attorney. Proper service is crucial for the eviction process, and challenging improper service can be a valid defense.

Full Conversation

they were supposably witnessed by a notary in April * but were not filed until July * * after he died they recorded them
It is important to note that backdating a legal document, especially a trust, can be considered fraudulent and may lead to legal consequences. In California, the trust generally becomes irrevocable upon the grantor's death.
Would you like more information on how to handle the property or the probate process after someone's death?
is there any specific laws stating they cant record a document like a revocable living trust document transfer a deed in to the re vocable trust after the grantors death
In California, backdating documents or recording a deed transfer into a revocable trust after the grantor's death can be considered fraudulent. Specific laws that address this include:
- California Probate Code § * et seq.: Governs the creation, validity, and administration of trusts.
- California Civil Code § *: Deed transfers generally require the grantor to be alive for the action to be valid.
Would you like more information on the probate process?
what are the tenants rights in California
Tenants in California have several rights, including:
- The right to a habitable dwelling.
- The right to privacy and peaceful enjoyment.
- Protection against unlawful eviction.
- The right to fair housing without discrimination.
- The right to receive proper notice before rent increases or termination.
Do you have a specific issue related to your tenancy?
a unlawful detainer
Unlawful detainers, or eviction proceedings, are serious and have specific legal processes in California. Here are some key points:
- Landlords must provide proper notice before filing for eviction.
- Tenants have the right to a court hearing.
- Tenants can present defenses, such as landlord's failure to maintain the property.
Do you have a specific concern about your eviction case?
she never served me a complaint or cover sheet
If you were never served a complaint or cover sheet in an unlawful detainer (eviction) case, this is significant. Proper service is essential for the case to proceed. You may have grounds to challenge the eviction.
Would you like information on how to contest improper service in an unlawful detainer case?
yest what do i do
If you were not served properly in your unlawful detainer case, you can file a motion to quash service or a motion to set aside the default judgment (if a judgment has been entered against you). This challenges the eviction due to improper service.
Would you like more details on how to file these motions?
yes what forma do i need
To contest improper service in an unlawful detainer case in California, you'll need to complete and file the following forms:
- Motion to Quash Service of Summons (Form UD-*)
- Declaration in Support of Motion to Quash (Form MC-*)
Would you like assistance on how to fill out these forms or details on the filing process?
yes
To contest improper service in your unlawful detainer case, follow these steps:
*. Motion to Quash Service of Summons (Form UD-*):
- Fill out your personal information, case number, and details of improper service.
- Provide a clear explanation of why the service was improper.
*. Declaration in Support of Motion to Quash (Form MC-*):
- Write a detailed statement supporting your claim of improper service.
- Attach any evidence that supports your declaration.
*. Filing Process:
- File the completed forms at the court where your eviction case was filed.
- Serve a copy of the forms to the landlord or their attorney.
Would you like more detailed instructions on filling out these forms?
both
Sure! Here’s a bit more detail:
*. Motion to Quash Service of Summons (Form UD-*):
- Fill in your personal details, case number, and court details.
- Clearly explain why the service was improper. For example, state that you were never served with the complaint or cover sheet.
*. Declaration in Support of Motion to Quash (Form MC-*):
- Write a detailed statement supporting your claim.
- Include any evidence, such as witness statements or other documentation.
*. Filing Process:
- Take the completed forms to the courthouse where your eviction case is being handled.
- Ensure you file the forms with the court clerk.
- Serve a copy of the forms to your landlord or their attorney. You may need to use a third-party process server or the sheriff’s office for this.
Would you like more information on where to find these forms or how to serve them properly?
are those fors correct
Yes, the forms mentioned are correct. For contesting improper service in an unlawful detainer case in California, you would use:
- Motion to Quash Service of Summons (Form UD-*)
- Declaration in Support of Motion to Quash (Form MC-*)
Would you like more information on where to find these forms or how to serve them properly?