Service v. Filing

[bjobjs]

What is the name of your state (only U.S. law)? California

My friend filed court papers on 10/16/09 and served the individual through the police department on 10/18/09. Unbeknownst to my friend, the individual then turned around and had my friend served on 10/19/09 with court papers that had been filed 10/13/09. My friends papers were filed in the county where they both lived. The individual had moved out and to another county and that is where he filed.

My question is who's papers are in effect? And what laws apply to this kind of quandary?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

My friend filed court papers on 10/16/09 and served the individual through the police department on 10/18/09. Unbeknownst to my friend, the individual then turned around and had my friend served on 10/19/09 with court papers that had been filed 10/13/09. My friends papers were filed in the county where they both lived. The individual had moved out and to another county and that is where he filed.

My question is who's papers are in effect? And what laws apply to this kind of quandary?

What kind of papers did each of them serve the other? Regardless, they are BOTH in effect, two different court actions.

However, the one that the individual served could possibly be challenged by venue. The action needs to be filed in the county where the person lived or was damaged. And in some counties (such as Los Angeles County), you even have to file at a specific regional courthouse in order to have proper venue. They can't just move to another jurisdiction and file against someone there.

 

[bjobjs]

Most appreciative! Thanks you confirmed my thoughts.