An Unlawful Detainer was dropped at my front door yesterday but was not served to me personally. What is the last day to respond

I've attached a copy of the CA summons form for an unlawful detainer action. In it you will find instructions on how you are to calculate the day you need to respond by. Assuming, of course, that service was legal. Hope that helps!

Your last day to respond to the action depends on how service was effectuated. Some landlords will say the tenant was personally served, when in fact that is not the truth. Similarly, some tenants will say they were not personally served, when in fact they were. I am not saying either of these two is true in your case. However, if the landlord’s process server alleges you were personally served and files a proof of service to that effect, then your answer is due on a day different than if the proof of service states a copy of the summons was mailed the same day it was dropped at your door. Because it is unknown what the proof of service will say, the safest thing to do is to prepare for the worse: assume the proof of service will state you were personally served. In which case your last day to file a response would be Wednesday. Filing a Motion to Quash Service of Process before you file your response challenges the manner in which service of process was allegedly effectuated. If the landlord and/or landlord’s attorney does not know what he/she is doing and the Court rules in your favor, it will quire the landlord to serve you again, this time properly. If service was defective, it behooves you to take a very close and careful look at the Complaint to see if it is also defective. If you/your attorney find a significant defect, your attorney can file a Demurrer. (A Demurrer is a written assertion filed by the defendant in a lawsuit stating that although the facts alleged by the plaintiff in the complaint may be true, these do not entitle the plaintiff to prevail in the lawsuit.) Thus, the way service of process was effectuated (an by whom) can be a sign of what type of responsive pleading (Motion to Quash, Demurrer, Motion to Strike, etc.) may be appropriate and should be filed in defending the lawsuit. Consult an experienced attorney in landlord-tenant law before you decide to simply file an Answer to the Complaint. Note: This response is provided by the Law Offices of Jesus Rodriguez, 700 S. Flower St., Suite 1510, Los Angeles, CA 90017 (213) 623-2333. It is provided for informational purposes only and should not be construed as legal advice and does not create an attorney-client relationship.

There are facts missing from description of the delivery of the summons. Did the person leaving the document talk to you when s/he left the summons (such as through a door)? If so, that may constitute personal service. If so, and if you were served on Thursday, November 8, 2012, your written response is due five calendar days later. Excluding the Veterans Day holiday, that is Wednesday, November 14, 2012. See CCP section 1167 copied below. CCP 1167. The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant's response shall be filed within five days, including Saturdays and Sundays but excluding all other judicial holidays, after the complaint is served upon him or her. If the last day for filing the response falls on a Saturday or Sunday, the response period shall be extended to and including the next court day. In all other respects the summons shall be issued and served and returned in the same manner as a summons in a civil action.

Sorry you got such confusing answers. Basically, if the notice was dropped at your door step, there is an argument that you have not been properly served. However, judges tend to overlook this sort of thing. The basic rule is that you answer is due 5 (FIVE) calendar days after the date of service. For you, in this matter, it would be Tuesday, November 13, 2012. My first best recommendation is that you should spend this weekend getting an answer prepared and if possible a motion to quash (have service declared invalid), given that you were not personally served. LLs often serve UD complaints on Thursdays or Fridays knowing that tenants will have an even more limited chance of both getting help and filing and timely answer as two days (Saturday and Sunday) are days that courts are closed. In your case that was made even worse by the Monday court holiday. You should plan on getting your answer and/or motion to quash the service of process filed as soon as possible on Tuesday, hopefully by 1:00 p.m..