Shaky legs, nail biting, sleepless nights and a sudden loss of appetite - the annoying emotional contortions of defendants after learning they are being sued.
Roy and I spent the afternoon at the Santa Ana Law Library after filing papers in court. When you file an action in the Superior Court (CA State Court), you have to serve the defendants three things. First, there is the "Summons" that tells the defendants that they are being sued - by whom, at what court and how much time they have to respond. Second, there is the "Complaint", which includes the particulars of the case - the facts of the case, the laws that relate to it and the evidence as exhibits. Third, there is the "ADR Packet" (Alternative Dispute Resolution), which is a form that tells the parties of other ways to resolve the matter including Arbitration. In the parlance of the law, you have just fired the first shot.
There are a number of ways to serve defendants with the Summons, Complaint and ADR Packet. In our case, we opted to use the services of the OC Sheriff’s Department. Upon serving the defendants, the Sheriff’s Office must mail out a POS or Proof of Service to the plaintiff letting him or her know that the defendants have been served. This marks the moment that the parties are effectively under the jurisdiction of the court. The POS has to be filed with the clerk to inform the court that the defendants have been served and that the clock has began to tick. In a civil matter filed in the Superior Court, the defendants usually have 30 days to answer the complaint. The exception is when the action is an Unlawful Detainer, the type used by landlords to evict tenants, in which case a defendant has only 5 days to respond. Failure to answer a complaint has very dire consequences that include losing the case by default judgment.
Unless you’ve been involved in a lawsuit a few times, being served a complaint could bring some very anxious moments. Many things swirl in your head. Apart from the fact that you can lose the case in court, the entire process can also be expensive requiring a major reorganization of one’s financial affairs. Then, there is the possibility of negative perception by the public – a fact feared by businesses and individuals who rely on a good name to conduct business in the marketplace.
A letter from GRF’s Attorney, William R. Hart from the law firm Hart, King & Coldren was received by Roy a couple of days ago. This in effect informs Roy that the firm has been retained by GRF and all future correspondences and legal papers should be forwarded to his firm. When we returned from the law library, there was a voicemail message on Roy’s answering machine from True Ballot sounding apologetic and conciliatory. It’s unfortunate that one has to wield the powers of a civil action to get some results. It strikes me as funny because just a few days ago none of these people would even give Roy the time of day much less all the documents that he repeatedly requested for. They should have known better. Roy is 74 and has neither the time to mess around with these morons nor the patience. They’ve just gotten a taste of “Roy’s Law”. Didn’t they know that “Old Guys Rule”?
Proof of Service – Golden Rain Foundation
Proof of Service – United Laguna Hills Mutual
Roy and I spent the afternoon at the Santa Ana Law Library after filing papers in court. When you file an action in the Superior Court (CA State Court), you have to serve the defendants three things. First, there is the "Summons" that tells the defendants that they are being sued - by whom, at what court and how much time they have to respond. Second, there is the "Complaint", which includes the particulars of the case - the facts of the case, the laws that relate to it and the evidence as exhibits. Third, there is the "ADR Packet" (Alternative Dispute Resolution), which is a form that tells the parties of other ways to resolve the matter including Arbitration. In the parlance of the law, you have just fired the first shot.
There are a number of ways to serve defendants with the Summons, Complaint and ADR Packet. In our case, we opted to use the services of the OC Sheriff’s Department. Upon serving the defendants, the Sheriff’s Office must mail out a POS or Proof of Service to the plaintiff letting him or her know that the defendants have been served. This marks the moment that the parties are effectively under the jurisdiction of the court. The POS has to be filed with the clerk to inform the court that the defendants have been served and that the clock has began to tick. In a civil matter filed in the Superior Court, the defendants usually have 30 days to answer the complaint. The exception is when the action is an Unlawful Detainer, the type used by landlords to evict tenants, in which case a defendant has only 5 days to respond. Failure to answer a complaint has very dire consequences that include losing the case by default judgment.
Unless you’ve been involved in a lawsuit a few times, being served a complaint could bring some very anxious moments. Many things swirl in your head. Apart from the fact that you can lose the case in court, the entire process can also be expensive requiring a major reorganization of one’s financial affairs. Then, there is the possibility of negative perception by the public – a fact feared by businesses and individuals who rely on a good name to conduct business in the marketplace.
A letter from GRF’s Attorney, William R. Hart from the law firm Hart, King & Coldren was received by Roy a couple of days ago. This in effect informs Roy that the firm has been retained by GRF and all future correspondences and legal papers should be forwarded to his firm. When we returned from the law library, there was a voicemail message on Roy’s answering machine from True Ballot sounding apologetic and conciliatory. It’s unfortunate that one has to wield the powers of a civil action to get some results. It strikes me as funny because just a few days ago none of these people would even give Roy the time of day much less all the documents that he repeatedly requested for. They should have known better. Roy is 74 and has neither the time to mess around with these morons nor the patience. They’ve just gotten a taste of “Roy’s Law”. Didn’t they know that “Old Guys Rule”?
Proof of Service – Golden Rain Foundation
Proof of Service – United Laguna Hills Mutual
