Full question:
Sir,I filed a Civil Sexual Harassment lawsuit against an individual in California.I had the sheriff serve the defendant the Summon and Complaint.I received a Proof of Service of Summon from the sheriff, which I filed with the Court. The defendant did not appear at the Hearing and is therefore in default.All other appropriate legal forms have been filed.I have now filed a Request for Entry of Default (Request) with the Court hoping to receive a monetary Judgment against the defendant.I provided service of the Hearing default to the defendant through a third party by first class mail.The Court Clerk has returned my Request and indicated that I need to have provided personal service to the defendant for the Hearing default, since the Judgment is asking for punitive damages.My question is - do I need to provide personal service to the defendant on the Hearing Default from the last Hearing or not?Thanks.
- Category: Civil Actions
- Subcategory: Service
- Date:
- State: California
Answer:
Since your case is already in court, California Code of Civil Procedure Section 1005 may apply regarding notice requirements for motions and hearings. Generally, written notice must be given for various motions, including those related to defaults and judgments.
While the law does not specify a requirement for personal service in cases seeking punitive damages, the court clerk indicated that personal service is necessary for the hearing default. This suggests that you may need to ensure the defendant is personally served with the notice regarding the hearing default to proceed with your request for a monetary judgment.
We recommend seeking clarification from the court or clerk regarding the specific requirements for your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.