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Lance Lockhart filed an unlawful detainer action against Ted Turnkey and the court issued a summons. Lockhart sent a copy of the summons and complaint to Turnkey by certified mail and received a receipt for the envelope, signed by Turnkey. Three weeks later, after Turnkey fails to file a responsive pleading, Lockhart comes before you requesting a default judgment. How would you rule?
A summons and complaint served by mail must include two copies of a notice and acknowledgment to be signed by the receiver, along with a self-addressed envelope and adequate postage. [See CCP §415.30.] Without a properly signed notice and acknowledgment, the service was ineffective and the landlord needs to try again. |
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