Before I get into CA Rule of Court 8.25, about filing and Service of court documents I wanted to step back a second. Once we got our case completed, prior to filing it with the court, we found the Lis Pendens and complaint then needed to be reviewed by a judge. (NOTE: only because we filed in Pro Per, attorney’s don’t need to have a judge’s permission to file a Lis Pendens. Another way the court makes it harder for the self litigator…and it is said that justice is fair…) We then submitted it to the Clerk of Court after waiting in the line for nearly two hours. Once the clerk reviewed all of the documents and made sure all of our paperwork was filled out correctly, she took our case documents and stamped them with a docket number. I felt a huge rush of energy flow through me when she stamped the documents. I felt a confidence building within me that I had not felt in the past few years. I had a moment where I felt empowered in all of this living hell…if only for a moment.
Upon receiving our docket number, I was then able to run across and up the street a block to the County Recorder’s Office. We then filed our Lis Pendens with the County Recorder. After filing the Lis Pendens with the County Recorder, I walked back to the Clerk of Court and I filed the County Recorder’s stamped copy of the filed Lis Pendens, with the court.
Now, the clerk of court had asked for two copies to keep, and I brought another copy for them to stamp that I could take for my files. I did this every time I filed anything with the court for the next 3 1/2 years.
Over the previous three months in order to get to this point it had all been a whirlwind. It was nearly all I did was focus on our lawsuit. I had been unemployed for a very long time, due to the collapse of the housing industry during the collapse of the economy, which beginning for me was, in the middle of 2009. I had no children. My health was good, outside of some feelings of anxiety, helplessness, depression, exhaustion, and other overwhelming feelings. I took the time to dive in and do the work. We lived sparsely in order to stay focused on the problem at hand.
My point for rushing to get things filed on the dates we were attempting to was to stave off the impending auction of our house that had been scheduled within the upcoming few days. I wanted to make sure that all parties were privy to the filing, and not by simply filing with the court. We also wanted to make sure they were served before the auction was to begin. So, in order to stop the auction of the property, we felt we should serve the defendants the court documents by overnight mail.
As I had stated previously, in order to find the appropriate addresses necessary to serve a corporation legal documents I reviewed the corporate information to all of the parties mentioned in our case as defendants on the website of the Secretary of State.
I made sure that I would get a signature and time stamp of when the service was completed. After serving the court documents to all of the parties it is the rule of the court that you must then file the proof of service documents to the court for all of the defendants. Rule 8.25 is the rule of the court for service, filing and filing fees can be found at: Rule 8.25. Upon completion of service to all defendants you must then file with the court the proof of service of the documents. This is to be done for every moving paper throughout the duration of the case.
I went to the courthouse steps on the scheduled court auction date. The auction was to begin at 12:30pm. We had made posters that I was to hold up if anyone was to decide they might want to place a bid on our property. We also made those posters smaller to be used as handouts as well. I began giving the handouts to all of the bidders, the bottom feeders, that were there to bid on homes. I had never reflected on those people before. The were simply doing their job working with property management firms, property speculators, builders, developers, etc. I know they thought that all people going through a foreclosure were deadbeats who didn’t pay their mortgage. So, now they were going to be looking at one of those people straight in the eyes, as I would inform them when I gave them the handout, “If you place a bid on this property you will become part and parcel of the lawsuit that is filed against this property. There is a filed Lis Pendens and lawsuit on this property. The information is there for your review.”
I waited. The person who was acting for the “trustee” came up to the top of the steps and began setting up his stand. Once he got settled into his chair and his computer was logged into his system he began to read out the rescheduled or cancelled properties. Different addresses in different cities began spewing from his mouth. I waited. I moved about handing out more handouts. I waited. Then he mentioned my property address!
VICTORY! We had gotten a small respite! The bank had taken our property off of the list! We were now able to stay in our home a bit longer. How long? We had no idea. The auctioneer acting for the “trustee” gave us no indication of another date.
We could sleep in our home for another night.
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©copyright 2014 Doug Boggs