Summons Served on Adult Daughter While Tenant Was at Work

[droid]

My question involves an eviction in the state of: California

Hello everyone,

I'm in need of some fast advice due to the time remaining for me to file a response. My daughter who is 20 and lives with me at home, received and signed a summons ( Unlawful Detainer- Eviction) to provide a written response within the 5th day and she just handed me the paperwork. I had no clue she had them and she had no idea they were time-sensitive and today is the last day to write a legal response.

I was wondering what the best option for me at this point would be. I did some research and just came to the conclusion that this would fall under me writing a response to "Quash service of Summons" since no paperwork was mailed out to me and I was working at the time the paperwork was sent to my home.

If anyone has any advice on what I should do, I will greatly appreciate it!

Thank you!

[Mr. Knowitall]

As is explained here,

If the tenant is not at home or work when the server comes, the server can give the court papers to a competent member of the household where the tenant lives or to someone in charge where the tenant works. The server must also mail a copy of the Summons and Complaint to the tenant at the address where the papers were left.

The landlord cannot use this type of service until the server tries at least 2 or 3 times, on different days and different times of the day, to serve the tenant in person. This is called "due diligence." The server will have to fill out a form that says what days and times he or she tried to serve the tenant in person and that he or she exercised "due diligence."

You can check the court file for the return of service and any proof of service by mailing to determine whether or not the landlord has documented proper service. If not, or if so and you believe you can overcome the presumption that service was made based upon the proper documentation of service, you can certainly bring a motion contending that you were not properly served. If you prevail, the court should order that proper service be effected and, once that happens, the case will continue.

[droid]

Is there a time when I should go to court and file an answer or in the state of California do I have until the end of the day? Should I file a demurrer?

[Mr. Knowitall]

You should file your answer in a timely manner, lest you default. Read the document linked above.

What grounds would you assert in a demurrer? Beyond some question in relation to how service was effected, we know nothing about the basis for this eviction or any potential defenses.