Service Issue
Defendant’s proof of service represents that the moving papers were personally served on 7/29/16, which was timely within the 75-day deadline prior to the hearing date. (CCP 437c (a)(2).)
However, Plaintiffs argues that personal service was not properly effected because Defendant’s courier merely left the documents outside the office of Plaintiffs’ counsel and the papers were not retrieved until the following Monday morning.
In Opposition, Plaintiffs argue that their courier arrived at 4:59 p.m. and tried to personally serve the documents, but the office of was closed early, so that they cannot be faulted for inability to complete service. Defendant also notes that it served the moving papers by email on the evening of 7/29/16, as a courtesy.
First, the court finds Plaintiffs’ testimony credible and finds that personal service of the documents was properly effected or attempted.
Second, the court finds that Plaintiffs received actu........