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Asker
Posted over 5 years ago.

Thank you, Attorney. May I ask, why not ask for $600 damages? Would this create a "wrench"? When should I submit the motion for Order? (I have on pleading, made copy from UD case in court to use as sample). 9 a.m., I'll be filing tomorrow, cannot afford lost days and time passing . . . thank you again.

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Asker
Posted over 5 years ago.

Quick question, attorney: Proof of Electronic Service (POS-050/EFS-050), can this be used to service a UD by a third party to Tenant's email address?

Richard C Koman
Richard C Koman, Landlord / Tenant Lawyer - Santa Rosa, CA
Posted over 5 years ago.

The $600 is almost never appropriate. It's only for severe abuses. yes, it creates a wrench (grounds for demurrer.) Once you try three attempts to serve, prepare a declaration of due diligence and then submit the motion/proposed order to the court.

NO! You cannot serve by email!

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Asker
Posted over 5 years ago.

Very well, Attorney. Thank you, and wish me well. I'll be on filing the 5-Day Summons, Civil Cover Sheet and the UD Complaint. I'll have a 3rd party serve, have the proof of service completed and filed, and wait the five days to see if Tenant responds (hoping she won't). In the meantime, I'll study to be prepared with either route. (I've been at this since 2 p.m. today -- exhausted.) Thank you again, sir.

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Asker
Posted over 5 years ago.

Attorney, it rattled in my head in the wee hours . . . may I ask, I understand $600 is almost never appropriate, For the purpose of learning (not arguing with you, goodness, no), Tenant, whose lease is up Jan 2012 was not truthful on rental application by indicating No evictions because according to court records, Tenant has 6 UDs in County area. Tenant caused Notice of Violation from HOA to be issued in Aug and Sep 2011. Tenant has been late six months out of 10. Not enough to avoid a Demurrer. My thought was to show Judge the "unsmoothness" of all this. If still best to simply do Summons, Cover Sheet, Complaint, will be done. Thank you for your consideration.