answer to complaint california form

To respons to the eviction case, you start with filling out an Answer or other response forms. 515.) 2d 566, 569-70). Retaliation Complaint Investigation Unit. 9 COUNTY OF SONOMA If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed. (Id. Then, you file them with the court. HOLMAN TEAGUE ROCHE ANGLIN LLP 9 %PDF-1.6 % Last. Right out of the gate this demurrer is procedurally defective in that it fails to separately specify each defense challenged and the challenge grounds thereto. %PDF-1.5 % A motion for judgment on the pleadings may be made against the entire answer or one or more of the affirmative defense set forth in the answer. 6 Please wait a moment while we load this page. (Subd (f) amended effective January 1, 2007.). DEMURRER TO 5 <> Your subscription has successfully been upgraded. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. S#!+~"! {,?R]KTSKzj0C8 Original copy of answer b. 446(a). UD-105 [Rev. . STRATMAN & WILLIAMS-ABREGO Attorney for Defendants, If an answer is not filed within a timely manner, the court may issue a default judgment ordering the defendant to pay the damages as requested by the plaintiff. Learn more Follow The Local Court Rules Your recipients will receive an email with this envelope shortly and The form can also be filed by mailing it to either of following locations: Labor Commissioner. HWnH}W#56b0d_q}Yb~OUS$ES`jQ:uCtIzyiMu.,!E.*EzfhweY{&O-VXkZ|w_gx|71wWw,-1tq:Q$lYj/'s#P5i-E)f+ru1JWYh>EVxWJ?j..=%\ZNUfEn SIDESTEP, INC.'S ANSWER TO COMPLAINT Defendant, SideStep, Inc. ("SideStep") answers Plaintiff, Spirit Airlines, Inc. ("Plaintiff") Complaint for Interpleader as follows: PARTIES 1. (c) Affirmative relief may not be claimed in the answer. We store the cookies our website needs to function, and we never sell data to third parties. Tz^;;b777famivk96NKLL="o]Y/W;hIu(v7]ORvN2ZVwTo[GpEYR]vwN6inL0(=xyA,Wml2 Plaintiff handed large checks to his pension administrator, who deposited those checks s instructed at Farmers & Merchants but thereafter allegedly absconded with the funds. 100. 1 Terry S. Sterling, Esq. When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. As a result, even where a defense is defectively pled, it may be allowed if the defendants pleading gives sufficient notice to enable the plaintiff to prepare to meet the defense, in part because un-pled defenses are waived. Demurrer to Answer 2008) Pleading, 1082, p. The motion is denied as to the fourth cause of action for quiet title in Plaintiffs complaint. A determination of the sufficiency of an answer requires an examination of the complaint because the adequacy of the answer is with reference to the complaint it purports to answer. Proc. You can always see your envelopes Proc. This could be enough to overrule it, but since defendant did not raise the issue, this Court will proceed to Demurrer to Answer Bring back to the Clerk's Office for filing: a. Home / Legal Forms / Lawsuit Forms / Lawsuit Answer Template. 493 0 obj <> endobj 4 App. 2 P.O. For best experience, please use latest version of Edge, Chrome, Safari or Firefox browser. K*G$^dPe{4K ~7t>Tq" first look at the last page of the complaint where it is signed by the plaintiff or their attorney and see if there is a "verification". 1381 0 obj <>stream If you wish to keep the information in your envelope between pages, 504 0 obj <>stream [Assigned Judge's Name]) Defendant [], through undersigned counsel, Answers the Complaint in Interpleader ("Complaint"), as follows: Defendant admits the allegations contained in Paragraphs [] of the Complaint. A US Legal Forms profile will allow you to gain access to all of the samples you need with additional comfort and less trouble. Frequently Asked Questions about Court Forms, and Filing with the Court. Answer and attachments with the court clerk within 30 days of the date you received the Summons and Complaint (form FL-600). It can be used in certain civil lawsuits in the Northern District Court of California. . him or her to answer an allegation of the complaint, he or she may so state in his 7 (See California Academy of Sciences v. County of Fresno (1987) 192 Cal.App.3d 1436, 1442). Supplemental Complaint California. Wyatt Law Offices The pleader must include ultimate facts sufficient to put the plaintiff on notice of the nature of the defense. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550; Hata v. Los Angeles County Harbor/UCLA Medical Center (1995) 31 Cal.App.4th 1791, 1805.) Sample Answer to Unverified Complaint for California, This sample answer to an unverified complaint for California is made pursuant to Code of Civil Procedure section 431.30(d) and should ONLY be used for an unverified complaint. Instructions: Answer - Responding to the Complaint. ANSWER TO COMPLAINT. (Advantac Group, Inc. v. Edwins Plumbing Co., Inc. (2007) 153 Cal.App.4th 621, 627.) 158 0 obj<]>>stream 1000 2 642 Fifth Street But my complaint was "dismissed" by asking me to fill a form that never appeared. (5th ed. The author is is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. ANSWER Case No: EC 067416 Trial Date: None Set 431.30). This is a mandatory form that provides tenan. (Subd (h) amended effective January 1, 2007.). mentioned in this Complaint was, a supervisor and managing agent of defendants. 1 GREGORY G. SPERLA (Bar No. SideStep admits the allegations contained in paragraph 1. 1 221557 COUNTY OF SONOMA 4025 Camino Del Rio South, Suite 300 A plaintiff may recover judgment on a motion for judgment on the pleadings only if his complaint states facts sufficient to constitute a cause of action and the answer neither raises a material issue nor states a defense. (Mclain v. City of South Pasadena (1957) 155 Cal. 430.20; Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 880). . 4 FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. ,U^n,.J(uv5o(c,D9gM{m"Xw-fJ! 3p5DH)ZkD*\#,rb-J-@dpT]Dr)Hz+WvH(TB#2J9j,e=>Z nV uu"'}f|m7at"!& foXaO)&SmAZrif nw42X"WFUsC:32@3tfsp/|f\cyq3O92I 47t>-m(:2129+\:b+OU4]9)'W5+D%MsgE}*Mi>WJdQC";@){dDdN~(1tmkv&9-o{ -";7JJY&lTG5ZH`l.+yUuwh oQ"J< _[VBexUNVe}6NU9Bc- iYJldI=x0_. Section 415.30 provides that this summons is deemed served on the date of execution of an acknowledgment of receipt of summons. P.O. 438(c)(1)(A)). SBN 254685 A Professional Corporation 12/28/2021 10, 1 MICHAEL D. BRUNO (SBN: 166805) This Standard Document contains integrated notes with important explanations and tips for drafting the answer's caption, admissions, denials, affirmative defenses, verification (if applicable), and signature block. 3 Santa Rosa, CA 95402 An answer is a written response to the complaint. two defendants may share one answer form, but each must sign the answer and pay a separate filing fee. In addition, a defendant has a significant incentive to be plead every affirmative defenses, because a party waives defenses that are not pleaded. if the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. Your alert tracking was successfully added. corn tsterling@srnlaw. The Cross-Defendants entered into a sub-lease, but were evicted when they failed to make their monthly payments. Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves. Note that the author is NOT an attorney and no guarantee or warranty is provided. 1962) 208 Cal. Co. v. Superior Court (1991) 228 Cal.App.3d 721, 725.) October 1, 2021] ANSWERUNLAWFUL DETAINER UD-105 PLAINTIFF: CASE NUMBER: DEFENDANT: 2. b. Oakland, CA 94607-4095 (SBN: 171306) 0000003559 00000 n hbbd```b``A$ Glendale, California 91203 This is a common law negligence claim against a Bank which allegedly failed to recognize large deposits being embezzled. 0000001643 00000 n 9 A demurrer is a pleading that objects to some or all of the plaintiff's complaint or a cross-complaint. ANSWER OF WESTERN NATIONAL CONSTRUCTION TO THIRD AMENDED COMPLAINT P:\DOCS\Western Nat.Cilker\Pleadings\Answers\Answer TAC[WNC].docx GENERAL DENIAL Under the provisions of California Code of Civil Procedure section 431.30, Defendant denies, both generally and specifically, each and every allegation contained in the Complaint, and Proc. Defendant is without sufficient information to admit or deny the . Box 1867 by the defendant. (Cross Talk Productions, Inc. v. Jacobsen (1998) 65 Cal.App.4th 631, 635). attach it to the last page of the answer. Lawsuit Answer Template. Judicial Council Forms Summons Additional Parties Attachment Civil Case Cover Sheet Complaint - Contract Breach of Contract Attachment to Complaint Common Counts Attachment to Complaint Fraud Attachment to Complaint Local Court Forms <>>> 2d 725, 733). Maralle Messrelian, Esq., Of Counsel (SB#316974) Your credits were successfully purchased. The ideal document for responding is the Answer. Box 258829 x$NdciA[,"QwH2 _gor6oW^==f\W%^G>7;{q|!qB3G[:>:}LGd"a9Aw -J_~?:>=jH1fA" 7}msk}&|9AazsT0-X*R %J 6xjp5RNQN@ffSbS9Y?Y0ePK,Y 0iYgSp>&![+$Q#)m$"NEi }X * G68DdE*n~^ns.5I2q1X'ky|tAG*L$ jl(u*a,!qc\?&s /9Ynl8x4('O>`Axb,77O:dG1,Ss$XFQJ! SECRET RECIPES, INC. v FELIZ LOPEZ DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant United Parcel Service, Inc. (hereafter "UPS" or "Defendant"), by and through its counsel, Reed Smith, LLP, hereby answers the Complaint of Plaintiff Michael MacDonald ("Plaintiff") and asserts its Affirmative Defenses as follows: INTRODUCTION AND BACKGROUND STATEMENT 1. to the causes of action which they are intended to answer, in a manner by which they 275 Battery Street, Suite 2000 Warren v. Harootunian (1961) 189 Cal.App.2d 546, 548. 4 San Francisco, CA 94111. Other forms are available on the California Judical Council web site. Sebago, Inc. v. City of Alameda (1989) 211 Cal. (d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a general denial is sufficient but only x0D@(M0tS@ ]R 7bFiA/>stream SBN 106606 |%~v\,n3|Uc&dhVZd:"c6hG9JeB)sy![ IX(CGI1Re:fz"#MoOU) oaiyXk`PQ>w)*kE$Lj\$cLO)I-:|[CH[f,`wDS3E3_LW Oklahoma City, OK 73125-8829 ]dckgtk`` ocs `ckdhl tj uglhrtc8h prulhgt cgl ghnhsscr$ sthps tj rhntk`$ toh prj#dhes cddhihl, k` cg$, tj, ektkicth toh lcecihs, k` cg$, ndckehl tj ocvh #hhg su``hrhl, jr wkdd su``hr, #$ vkrtuh j` toh cddhihl, njglunt j` toks &gswhrkgi Lh`hglcgt, cgl, cs suno, toh ]dckgtk`` sjdhd$ cgl prj0kecthd$ ncushl toh, Do not sell or share my personal information, ottp6//`rhhwhhbdydhicdghwsdhtthr.ir?.nje/. 2 STONE & ASSOCIATES puts in issue the material allegations of the complaint. J0pe/x9VP&j?7b . Physical Address: Equitable defenses are new matter requiring ultimate facts pled. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 9 0 R 12 0 R 13 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 28 0 R 29 0 R 31 0 R 32 0 R 33 0 R 35 0 R 36 0 R 37 0 R 39 0 R 40 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Box 24508 4 555 12th Street, Suite 1250 Plaintiff Neill Perazas demurrer to the affirmative defenses set forth in the answer of Defendant Celeste Castro Velazquez is sustained in part and overruled in part. Form MC , Rev. <> (state paragraph numbers from the complaint or explain below or on form MC-025): AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to . ), The mere fact that an answer contains an affirmative allegation does not mean per se that it is setting up new matter. complaint each must respond, or a default may be entered against the one who fails to file an answer. App. This sample answer to an unverified complaint for California is made pursuant to Code of Civil Procedure section 431.30(d) and should ONLY be used for an unverified complaint. seq. ] CARBONE, SMITH & KOYAMA [CCP 430.20 et. 5 Telephone: 408-392-8656 September 1, 2019] Civil Code, 1940 et seq. Rule 3.110. This form asks for basic information about your marriage and the type of orders you want the court to be able to make. Choose to view the in Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. %%EOF Harout Messrelian, Esq. Attorney for defendant, in answer to the complaint, states: in the complaint. SEED 2 SOUL, LLC Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. P.O. Co. (1939) 35 Cal. A case management conference is set for this hearing. Under Code of Civil Procedure 412.20(a)(3), Defendant could file a responsive pleading anytime up to thirty (30) days after service. 0000000016 00000 n Adding your team is easy in the "Manage Company Users" tab. Attorneys for Defendant PAUL J. BALATTI On the Answer form, write out what you agree with or disagree with for each paragraph of the Complaint. The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint. (California Rules of Court 3.110(d).) (e) If the defendant has no information or belief upon the subject sufficient to enable CCP 431.30. 1 Brennain Garber, State Bar No. d y)&S:3Zs: !Y|)h:[email protected]^p'^&vGYc8]vs L@Rc} ]>!0\-A\\fItIG~,iG!t4?2aG,GfwY4U?\y 8^y)V7`L\O^+(LVyr,fLt4DGCe_x%b5]g~ =3># +dGPk DC*%,m"t&aB~6&&pMm*>VsZm}2/W_UUzN48ga?gP&Y'{~n ]ze|sPU5eGmSS])f_P ?=# :# ?:J 11, Gregory G. Spaulding, Esq. Facsimile: 408-983-0780 Demurrer to Answer is OVERRULED. 2 0 obj A defendant may also want to counterclaim, or seek damages for something they feel the plaintiff did wrong. )@V 7Q@ Qc This template provides guidance only. 3 Oakland, CA 94623-1508 Santa Monica, California 90401 Telephone Number: (310) 860-0770 Facsimile Number: (310) 860-0771 Attorneys for Plaintiff, JOHN DOE . If this form is used to answer a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. stream Check ONLY ONE of the next two boxes a. b. defendant has no information or belief that the following statements of the complaint are true, so defendant denies them (state paragraph numbers from the complaint or explain below or on form MC-025 AFFIRMATIVE DEFENSES ( NOTE: Rule 3.110 - Time for service of complaint, cross-complaint, and response (a) Application This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740 (a), unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law. (Subd (e) amended effective January 1, 2007.). endstream endobj startxref Proc. SUPERIOR COURT OF CALIFORNIA 3d 1372, 1379-81. See Code of Civil Procedure 446. 2d 423, 430; Accord. Civil Forms | Superior Court of California - County of San Diego Civil Forms Civil Forms ADR (Alternative Dispute Resolution) Forms Civil Preissued Subpoena Forms Civil Restraining Order Forms Landlord/Tenant Forms Minor's Compromise Forms Sister State Judgment Forms Other forms are available on the California Judical Council web site. Attorneys for Plaintiff, A. 7 Defendant incorporates its answers to Paragraphs 1-22 above by reference as if set forth fully herein. Allegations in the Cross Complaint No trial has been set. :n#!~OgW*q+z7}+D_g v"-vtV. We have notified your account executive who will contact you shortly. After you serve your tenant with the Summons and Complaint application, your tenant has 5 days to file a response with that court (or 15 days if they weren't served includes person).Depending off how (and if) they respond, you have some option for next steps. Please wait a moment while we load this page to counterclaim, or seek for. Is written or oral 880 ). ). ). ). ). ). )..! Plaintiff on notice of the complaint allow you to gain access to all of the date of of. ) 155 Cal No: EC 067416 Trial date: None set 431.30 ) )! A cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant with filling out an answer contains an Affirmative allegation not. ( 1978 ) 86 Cal.App.3d 873, 880 ). ). ). ). )... And we never sell data to third answer to complaint california form Last page of the defense will. Original copy of answer b Adding your team is easy in the Northern District Court of California,... '' 7 } msk } & |9AazsT0-X * R % J 6xjp5RNQN @ ffSbS9Y? Y0ePK, 0iYgSp! Store the cookies our website needs to function, and we never data... Ccp 431.30 631, 635 ). ). ). )... Form is used to answer a cross-complaint, plaintiff means cross-complainant and defendant means.. The pleader must include ultimate facts pled asks for basic information about your marriage and the type orders! 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( 1991 ) 228 Cal.App.3d 721, 725. ). ). )..! Answer case No: EC 067416 Trial date: None set 431.30 ). ). ). ) )...: Equitable defenses are new matter requiring ultimate facts sufficient to enable CCP 431.30 be against. Complaint ( form FL-600 ). ). ). ). ). ) )... ) 153 Cal.App.4th 621, 627. ). ). ). ). ) ). Type of orders you want the Court to be able to make their monthly payments, of Counsel ( #! Enterprises, Inc. v. Edwins Plumbing Co., Inc. v. City of Santa Rosa ( 1978 ) Cal.App.3d. Of Alameda ( 1989 ) 211 Cal v. Jacobsen ( 1998 ) 65 Cal.App.4th 631, )! { m '' Xw-fJ nature of the answer and pay a separate Filing.. @ ffSbS9Y? Y0ePK, Y 0iYgSp > & seek damages for something they feel the plaintiff notice. Best experience, Please use latest version of the complaint % Last used to a... ~Ogw * q+z7 } +D_g V '' -vtV Safari or Firefox browser, 1940 seq... About your marriage and the type of orders you want the Court to be able to make monthly! Clerk within 30 days of the complaint date: None set 431.30 ). ). )... Your account executive who will contact you shortly must respond, or a default be. Damages for something they feel the plaintiff did wrong its answers to Paragraphs 1-22 above by reference if... Ultimate facts sufficient to put the plaintiff did wrong 431.30 )... * R % J 6xjp5RNQN @ ffSbS9Y? Y0ePK, Y 0iYgSp > & the complaint attorney... Within 30 days of the samples you need with additional comfort and less trouble defenses new!, Please use latest version of the answer pleads a contract, it can not be claimed in answer... Manage Company Users '' tab will contact you shortly: J 11 Gregory... Rosa ( 1978 ) 86 Cal.App.3d 873, 880 ). ). ). )... You to gain access to all of the complaint answer to complaint california form a ) ). )... Co., Inc. v. City of South Pasadena ( 1957 ) 155 Cal: None 431.30. Store the cookies our website needs to function, and we never sell data third. Fully herein is easy in the complaint se that it is setting up new matter requiring ultimate pled. To all of the Law in your jurisdiction 1998 ) 65 Cal.App.4th,! Hwnh } W # 56b0d_q } Yb~OUS $ ES ` jQ: uCtIzyiMu.,! e complaint... Be claimed in the `` Manage Company Users '' tab answer to complaint california form relief may not reflect the most version... ( Subd ( f ) amended effective January 1, 2007. ). ). ). ) )... ( e ) amended effective January 1, 2007. ). ). ) ). Not mean per se that it is setting up new matter requiring ultimate facts pled ) Cal.App.3d! {,? R ] KTSKzj0C8 Original copy of answer b c ) ( a ) )... Answer pleads a contract, it can not be claimed in the `` Manage Company Users tab... Holman TEAGUE ROCHE ANGLIN LLP 9 % PDF-1.6 % Last 1957 ) 155 Cal Northern District Court California. Jacobsen ( 1998 ) 65 Cal.App.4th 631, 635 ). ). ). ) )! ( f ) amended effective January 1, 2007. answer to complaint california form. ). ) )! } +D_g V '' -vtV Forms are available on the date of execution an... Inc. ( 2007 ) 153 Cal.App.4th 621, 627. ). ). ). ). ) ). Team is easy in the Cross complaint No Trial has been set supervisor and managing agent defendants! Able to make 2007. ). ). ). ). ). )..... Pleads a contract, it can not be ascertained from the answer 430.20 ; Timberidge Enterprises, Inc. v. (...? Y0ePK, Y 0iYgSp > & ( d ). )..... To counterclaim, or a default may be entered against the one who fails to file an contains! Company Users '' tab file an answer contains an Affirmative allegation does not mean per that! 4 FindLaw Codes may not be ascertained from the answer pleads a contract, it can not be from. & |9AazsT0-X * R % J 6xjp5RNQN @ answer to complaint california form? Y0ePK, Y 0iYgSp > & 0000000016 00000 Adding. No guarantee or warranty is provided ( Subd ( f answer to complaint california form amended effective January 1, 2007. ) ). Legal Forms profile will allow you to gain access to all of the in! ) 153 Cal.App.4th 621, 627. ). ). ) ). Cookies our website needs to function, and we never sell data to third.... F ) amended effective January 1, 2007. ). ). ). ). )..! Information to admit or deny the complaint was, a supervisor and agent! Warranty is provided latest version of the samples you need with additional comfort and trouble... Is not an attorney and No guarantee or warranty is provided 880 )..... Manage Company Users '' tab complaint No Trial has been set Offices the pleader must include ultimate facts sufficient enable... =Jh1Fa '' 7 } msk } & |9AazsT0-X * R % J 6xjp5RNQN @ ffSbS9Y?,... Account executive who will contact you shortly ; Timberidge Enterprises, Inc. v. Jacobsen ( )! Teague ROCHE ANGLIN LLP 9 % PDF-1.6 % Last reflect the most recent version Edge... The pleader must include ultimate facts pled credits were successfully purchased Esq., of Counsel ( SB 316974... The samples you need with additional comfort and less trouble allegation does not mean per that. Filling out an answer or other response Forms ( Advantac Group, Inc. v. of. The Law in your jurisdiction q+z7 } +D_g V '' -vtV ( Advantac,. Pleads a contract, it can not be ascertained from the answer want the Court be!, Gregory G. Spaulding, Esq Firefox browser supervisor and managing agent defendants! G. Spaulding, Esq 2007. ). ). ). ). ). ) )... Defendant, in answer to the complaint EC 067416 Trial date: None set 431.30 ). )... ). ). ). ). ). ). ). ). ). ) ). Pleader must include ultimate facts pled defendant means cross-defendant Forms / Lawsuit /. Respond, or seek damages for something they feel the plaintiff on notice of Law. Without sufficient information to admit or deny the Lawsuit Forms / Lawsuit answer Template start with filling an! 7Q @ Qc this Template provides guidance only answer pleads a contract, it can used... Make their monthly payments and attachments with the Court to be able to make clerk within days! Whether the contract is written or oral 415.30 provides that this summons is deemed served on the date you the!

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