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effect of disputed proof of service
I was just hired by a client and need to file an opposition to a
motion by tomorrow and am not having any luck researching one
specific issue.
The moving party alleges they didn't take any prior action because
they never received notice of something. The Notice in question had
a proof of service attached with the correct name and address of the
movant. I would like to provide a case or something that states
what the precise legal effect of a filed proof of service is. In
other words, does it merely create a rebuttable presumption of
service, etc? Obviously the USPS loses mail occasionally, so
there's always that possibility.
If anyone has a specific case or statute that deals with this,
please let me know. Thanks much.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
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