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Get Ca Pos-040(p) 2017-2026

OUT PERSONS SERVED: Name of Person Served (If the person served is an attorney, the party or parties represented should also be stated.) Form Approved for Optional Use Judicial Council of California POS-040(P) Rev. February 1, 2017 Where Served (Provide business or residential address where service was made by personal service, mail, overnight delivery, or messenger service. For service by fax, provide fax number.) ATTACHMENT TO PROOF OF SERVICE CIVIL (PERSONS SERVED) (Proof of Service).

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How to fill out the CA POS-040(P) online

This guide provides step-by-step instructions on filling out the CA POS-040(P) online, an essential document used in the proof of service process for civil cases in California. Whether you are a first-time user or just need a refresher, this comprehensive guide will help you navigate the process with ease.

Follow the steps to complete the CA POS-040(P) efficiently.

  1. Click the ‘Get Form’ button to access the CA POS-040(P) form and open it in your preferred online editor.
  2. In the 'Short Title' field, enter a brief title that summarizes the nature of the case associated with your proof of service.
  3. Fill in the 'Case Number' section with the unique identifier assigned to your case. This number can typically be found on previous court documents related to your case.
  4. In the 'Names, addresses, and other applicable information about persons served' section, list the name of the person served. If the individual is an attorney, include the party or parties they represent.
  5. Complete the 'Where Served' field with the business or residential address where the service was executed. Specify the method of service, such as personal delivery, mail, overnight delivery, or messenger service. If service was conducted by fax, provide the appropriate fax number.
  6. Review all entered information for accuracy before proceeding. Ensure that names, addresses, and other details are correctly filled out.
  7. After confirming that all information is complete and correct, you can choose to 'Print this form', 'Save this form', or use the functionality to clear the form if necessary.

Take the next step and complete your CA POS-040(P) document online today.

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The person who serves the tenant must sign court paperwork showing when the tenant was served. This paper is called "Proof of Service." The tenant must be served by a certain date and the proof of service must be filed with the court clerk.

A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her.

Every party served with a complaint must be served with a corresponding summons specifically naming them that's stamped by the clerk. So if you are amending to add someone, you would need that amended summons stamped by the clerk and you would serve that stamped amended summons on the newly named defendant.

A Motion to Quash Service is filed when you say the landlord didn't serve the Summons and Complaint properly. If you win, the landlord has to re-serve the Summons and Complaint. If the landlord wins, you'll have to file an Answer to the Complaint right away.

"On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual bases justifying the exercise of jurisdiction.

In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void. The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.

If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.

Tells the court that you had legal papers in a civil case - other than a summons - delivered to (served on) the other party. Lists the papers that were served and tells who they were served on, where, when, and how they were served, and who served them.

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