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  1. #1
    Join Date
    Aug 2007

    Default Service of Process for Eviction

    My question involves an eviction in the state of: California

    This question involves eviction, but is centered on the service of process for those papers.

    It is my understanding that California provides a limited exemption to the trespass laws for REGISTERED Process Servers that allows them to enter private property in order to effect a service of process. I'm looking for more information on just what limitations this exemption may have in a specific situation.

    In particular, this is in regard to potential trespass issues that may arise from service of eviction papers to a guest house that is located in the REAR of a private property. Unless that server was granted access by another tenant living in the front (MAIN) house and walking through it, the only other way to enter into the back yard where the guest house is located is through a side gate (unlocked).

    This is not a gated community or apartment complex where someone would need to navigate common areas like walkways or hallways to find the rental unit for service. We're also not talking about simply crossing a front lawn or entering a gate that encloses the entire property to walk up to a front door or window on the property to serve papers, but actually walking fully INTO the private domain belonging solely to that property and it's occupants in order to effect service upon tenants of the guest house.

    Keeping this in mind, can one say for certain whether or not the exemption from trespass for California Registered Process Servers applies in this situation? Or would a Process Server be required to have a written authorization from the owner or other occupant of the property in order to enter the back yard lawfully to serve these tenants?

    Your insight into this would be most helpful and much appreciated.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Service of Process for Eviction

    You're free to call the police if you see a process server entering your land. If the police come I would not be surprised if they assist with the completion of the service.

    It's implicit that a process server for an eviction action is the agent of the landlord.

  3. #3
    Join Date
    Jul 2009
    Cinnaminson, New Jersey, United States

    Default Re: Service of Process for Eviction

    You have been served - your argument in court that the process server was trespassing wouldn't stand up for two seconds.

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