Can property manager accept service for absentee property owner?

[rpintoponies]

My jurisdiction is: California

We have filed in small claims for the return of our security deposit. The property in question has always been handled by a non-resident property manager. We have never met or even spoke to the actual property owner as he is has the prop.mgr who handles and signs everything. and the owner lives over a 100 miles away. We named both the prop.mgr and the actual property owner as defendents. My problem is that when we orginally hads the court clerk serve both of them via certified mail, the owner refused the certified mailing from the court. When we went to our orginal court date, we were informed that this had happened and our matter was continued another 2 months, we retained a registered process server and unfortunealty due to the distance, etc cannot susitute serve the owner (his office is the only address I have for him) within the 30 days required for substitued serce out of county.

My question is, since the property manager is his respesntative and signs all the legal rental documents and accepts all monies for him can she accept his summons or do we need to amend the complaint to only include her or what? We really do not want another delay as we wish to resolve this matter soon

Earlier this year a unlawful detainer action was filed against us for our withholding the rent due to severe hability issues in which the court agreed with us and in our favor. In that suit the property owner was named as the plaintiff but the property manager appeared with the attorney at the hearing.

Thanks in advance !!

 

[Michael Wechsler]

I don't know what the process is specifically in California but there is probably the same "nail and mail" provision that applies in CA. New York's says that if your defendant simply refuses to accept service, you can either pay for a process server to try to trick him and hand him the summons or you can "nail" it to his door and mail a copy. Keep the refusal of certified mail handy as well as proof that you are able to use this service.

NY CPLR § 308. Personal service upon a natural person.

Personal service upon
a natural person shall be made by any of the following methods:
1. by delivering the summons within the state to the person to be
served; or
2. by delivering the summons within the state to a person of suitable
age and discretion at the actual place of business, dwelling place or
usual place of abode of the person to be served and by either mailing
the summons to the person to be served at his or her last known
residence or by mailing the summons by first class mail to the person to
be served at his or her actual place of business in an envelope bearing
the legend "personal and confidential" and not indicating on the outside
thereof, by return address or otherwise, that the communication is from
an attorney or concerns an action against the person to be served, such
delivery and mailing to be effected within twenty days of each other;
proof of such service shall be filed with the clerk of the court
designated in the summons within twenty days of either such delivery or
mailing, whichever is effected later; service shall be complete ten days
after such filing; proof of service shall identify such person of
suitable age and discretion and state the date, time and place of
service, except in matrimonial actions where service hereunder may be
made pursuant to an order made in accordance with the provisions of
subdivision a of section two hundred thirty-two of the domestic
relations law; or
3. by delivering the summons within the state to the agent for service
of the person to be served as designated under rule 318, except in
matrimonial actions where service hereunder may be made pursuant to an
order made in accordance with the provisions of subdivision a of section
two hundred thirty-two of the domestic relations law;
4. where service under paragraphs one and two cannot be made with due
diligence, by affixing the summons to the door of either the actual
place of business, dwelling place or usual place of abode within the
state of the person to be served and by either mailing the summons to
such person at his or her last known residence or by mailing the summons
by first class mail to the person to be served at his or her actual
place of business in an envelope bearing the legend "personal and
confidential" and not indicating on the outside thereof, by return
address or otherwise, that the communication is from an attorney or
concerns an action against the person to be served, such affixing and
mailing to be effected within twenty days of each other; proof of such
service shall be filed with the clerk of the court designated in the
summons within twenty days of either such affixing or mailing, whichever
is effected later; service shall be complete ten days after such filing,
except in matrimonial actions where service hereunder may be made
pursuant to an order made in accordance with the provisions of
subdivision a of section two hundred thirty-two of the domestic
relations law;