I received a motion to Demurrer and Demurrer to complaint by respondent dated filled out January 13th 2018 and proof of service by mail on January 13th which was a Saturday.
The court clerk stamp reads it was filed on January 16th 2018. Also I never received the mail. Alameda County Child Support Services gave me a copy today January 25th 2018. Is it too late to do anything?
It is acceptable for you to be served by mail prior to the filing date. You were served with the unfiled motion and then the motion with the proof of service was filed. This is normal. It is easy to win a motion which is not opposed so unscrupulous litigators sometimes do not actually serve the motion. If the hearing has already been held and you lost because you did not oppose it, you can file a motion to set the decision aside and explain how you were not served.
It depends on when the hearing date for the demurrer is. See California Civil Procedure Code sec. 1005 for the deadlines which are based off thevhearing date. You may still have time to file your response. If not,you can seek relief under CCP sec. 473 or possibly 1008.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline