My question involves process serving in the State of: California
I hired an attorney to legally evict a non-paying tenant. He explained how the eviction process works, starting with serving a 30-day notice to terminate tenancy.
The day I hired him he told me the process server would serve the tenants that day. Later he emailed explaining the tenants will be served within 72 hours. He suggests I leave my home for a couple of days to protect myself; these tenants are volatile. I did not do this; instead, I made myself a “get away” plan if I needed to leave quickly. The attorney asked me to let him know when I am certain they have been served.
Because I am retired I rarely leave the house, I am here just about all the time. The tenants do not work, and they, too, are here all the time. Maybe one will go out for an hour, but that’s it.
I sent the attorney a photograph of my home drawn up with arrows and notes so the server knew which door to go to. For days, the place is quiet. No doorbells, knocks on the door, yelling, etc. I finally called the attorney long after the 72 hours. He told me they had been served. Later that day he faxed a proof of service. It states “After due and diligent effort” ….. the server posted a copy in a conspicuous place on the property, and then mailed a copy to the home. I am in complete disbelief to receive such a note. Firstly, I am the only one that gets mail here, and the only one visiting the mailbox. I never saw the notice come through the mail or anybody roaming around the house to perform a conspicuous anything.
The attorney kept saying, They have been ‘Legally Served.’ What does this mean? What’s so legal about this kind of process serving? And, now what?
PS The attorney fired me, and is being so kind to send me back less than half of my deposit

