I received the judgment filed a motion to vacate but judge denies, now I will appeal the ruling
and I was of the impression that they have to attempt to serve the claim at least 3 times s different days, etc., and then substituted service is ok, process server seems to have a license to lie. if that does not work I will oppose on the grounds that the business they named in the complaint does not legally exist ( wrong name) ( wrong phone # ) on the complaint, etc., in addition they failure to mitigate their alleged damages, etc.,
Most attorneys do not know small claims rules as we cannot practice in small claims court. Are you having a service issue or has judgment been entered? Your post is unclear what you are trying to accomplish. Maybe try again.
Small claims court procedure is quite different from regular limited or unlimited Superior Court procedure, especially on timings and service requirements. Service of a Plaintiff's Claim and Order in small claims court *does not* require multiple attempts at personal service or a declaration of due diligence to be effective; substituted service is valid in the first instance. The Superior Court self-help page specifically states, "NOTE: Sometimes, like in small claims cases, you can use substituted service the first time the server tries to serve the papers in person and the other party is not at home or work." (http://www.courts.ca.gov/selfhelp-serving.htm) While not preferred, it is a valid method of initial service in small claims.
With respect to your issue with the business name, a judgment can generally only be enforced and collected on if the correct party is named in the complaint and on the subsequent judgment. However, it is worth noting that this defect will generally not be fatal to the judgment, as the Plaintiff can seek relief from the Court to amend the judgment to state the correct judgment debtor's name. You may wish to seek the advice of an appellate attorney prior to filing your appeal in the Superior Court Appeals Department.
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