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415.30). Service by Posting: In Unlawful Detainer cases, the summons and complaint can sometimes be served by posting a copy on the premises and then mailing a copy of the summons and complaint by certified mail to the defendants last known address (California Code of Civil Procedure 415.45).
After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case.
If you were served by substituted service, meaning the Summons and Complaint were given to someone else in your household or your place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response.
If the non-moving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless ordered otherwise by this Court) shall, within 21 days of the amended pleading, file either: (1) an answer; or (2) a revised motion to dismiss.
Under substituted service, if the process server is unable to serve the defendant, they can leave the summons and complaint with someone at the defendants house, or work. Anyone who takes the documents for the defendant must be 18 years or older.
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Under Order 5, Rule 20(1), substituted service can be ordered only where the court is satisfied that the defendant is keeping out of the way, or that for any other reason the summons cannot be served in the ordinary way.
The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion. Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the courts discretion, at any later time upon terms it deems proper.
The statute of limitations requires a plaintiff to bring a negligence case within 2 years of the injury. The defendant can file a Motion to Dismiss and ask the court to throw out the entire case.
There is also authority for the proposition that if a motion in limine is denied, the party opposing the evidence can be the first to offer the objectionable evidence without waiving the merits of the evidentiary objection on appeal.
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.

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