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Why was I not notified that my proof of service was defected? What is a counter-request to set cade for trial- unlawful detainer

Valley Center, CA |

I moved my family into a house on 8-15-12 and found hidden damages. Informed the landlord. The landlord said that they would have a someone come to check the damages. The service guy came out and said that due to the year of the home it would have to get a lead and


opinion, the landlord came to the house and gave my son a 3 day notice to move on 8-27-12. I sent her a letter about why we can't move out as quickly as she wanted us to so I filed a small claims for the deposit and then in retaliation she filed an unlawful-detainer.

Attorney Answers 1


  1. Are you referring to your proof of service for your small claims case?

    In CA small claims the judge pro-temp will usually decide the sufficiency of all documents and claims, including the service of the SC-100, at the small claims hearing. Thus, if your service or proof of service was found defective, the judge can either push the hearing back in order to allow proper service and a proper proof of service to be filed or dismiss your case. If your case is dismissed then you will need to bring a new claim OR cross-claim against the landlord in the unlawful detainer case.

    Feel free to call for a free consultation (805) 845-5405. Good luck.

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