Am I legally allowed to give them a 3-day notice, serve them again and amend the current open case? 4 Answers as of May 07, 2015

I filed an eviction. The tenants filed their answer and showing some of them were out of state at the time of notice. Therefore, the 3-day notice and served paperwork was not done correctly. Should I dismiss the case and start over?

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Law Offices of George H. Shers | George H. Shers
You could, but why? You would still have to serve them and you waste three full days. The amount of rent owed is higher, but if your suit properly stated what the daily rent was, then you are okay. Check with whomever made the incorrect service why that happened and whether they should refund you anything you paid them for proper service.
Answer Applies to: California
Replied: 5/7/2015
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If you knew the tenant would not be home they could assert the defense; however, even if you knew that if the tenant did not attempt to cure the 3-day notice they have no basis to assert the defense and their claim should fail.
Answer Applies to: California
Replied: 5/6/2015
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
This depends on how you served the notice and who was served. You are allowed to leave the notice with someone of suitable age and mail a copy to the tenant; you may also post a copy and mail a copy to the tenant. These methods lengthens the period before you can file your eviction with the court. Are all these people on the lease? You can also proceed against the tenants that were properly served.
Answer Applies to: California
Replied: 5/6/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
No, that's not your problem. They don't have to be there for the service to be effective. All Defendants must be served the Complaint though and from the sound of it, you should also file a prejudgment claim of right of possession against unknown defendants. If you aren't experienced at UD you almost certainly will screw it up. Hire an experienced attorney.
Answer Applies to: California
Replied: 5/6/2015
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