QUESTION:

How late can process servers unleashed by homeowner association, insurance and other lawyers turn up at peoples' homes?

In the past several years, process servers employed by Peters & Freedman (Michael Kim, David Peters, Laurie Poole, Simon Freedman and Jeffrey Pratt) have jumped walls, trespassed, banged on trash bins, and rang the homeowner's doorbell at 9.00 pm on a Sunday night. A writ filed with the Appellate Court states that they have falsely stated they have served papers on a person when they have left it outside without serving anyone. Peters and Freedman have charged inflated service fees of up to $1,000. for one service claiming they made numerous attempts when they did not.

The process server of Jeffrey Pratt (Pratt is no longer an associate of Peters & Freedman) trailed a homeowner at 11.30 p,m, then tresspassed on to private property to try to serve him. It was terrifying to come home to a deserted neighborhood in the middle of the night and have a strange man jump out of a car, and dash up behind him.

The process server of Orange County, California lawyer Deborah L. O'Connor, lawyer in the firm of Sedgwick and Detert, trespassed onto a homeowner's property, and put papers into his mailbox in violation of the U.S. Postal Codes. (She was doing defense work on behalf of CNA Insurance Company on a malpractice case against the homeowner's lawyer Alexandria Phillips. Philips and O'Connor were colluding with lawyers from Peters & Freedman. They deluged the homeowner with motions and paperwork, causing the homeowner to spend all his time in courtrooms and depositions, and responding to the avalanche.)

The process server of Orange County, California lawyer Dilip Vithlani trespassed and jumped over a wall to get to the front door.

Has anyone else had similar experiences with these lawyers?

A couple of pro-homeowner attorneys say they believe that process servers do not have the right to serve individuals after 10 p.m.

How late can process servers serve people in Orange County California? Where do I find the statutes, rules and regulations that govern process servers? Is there an an enforcement agency that homeowners can report misconduct to?

ANSWER

For California Code of Civil Procedure Section 1011 (b) limits service on a party "between the hours of eight in the morning and six in the evening" :

(b) If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the party's residence, between the hours of eight in the morning and six in the evening , with some person of not less than 18 years of age. If at the time of attempted service between those hours a person 18 years of age or older cannot be found at the party's residence, the notice or papers may be served by mail. If the party's residence is not known, then service may be made by delivering the notice or papers to the clerk of the court or the judge, if there is no clerk, for that party.