New CA Civil Procedure Case
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New CA Civil Procedure Case
Is service of a complaint by a party effective when the responding party admits they received it?
The California Code of Civil Procedure provides that a complaint cannot be served by a party. But what happens if a party serves the complaint and the other party admits they received it? Last month, the Second District Court of Appeal addressed this issue. Surprisingly, the plaintiff in the case was an attorney!
New CA Civil Procedure Decision
Braugh v. Dow (2023) _ Cal.App.5th _ , 2023 WL 4312617: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for relief from a default and default judgment in a partition action. Plaintiff, a lawyer, sued her former partner alleging several causes of action, including partition of real property they owned jointly. Plaintiff personally served defendant and defendant admitted receiving the summons and complaint. Because plaintiff was a party, the service was not effective and the default and later default judgment were void. The trial court properly granted defendant’s motion to set aside the default and default judgment. (C.A. 2nd, July 3, 2023.)
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