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Procedural question re adversary proceeding amended complaint, adding defendant, summons
In California there is no distinction between an individual and that individual's revocable living trust. If this is an irrevocable trust then it generally is a separate entity requiring the issuance of an alias summons and separate service of process. If this is not a California trust then you need to evaluate based on the laws of that state to determine whether it is a separate entity. Usually jurisdiction is based on the location of the trustee.
Mark Jessee
Sent from my iPhone
> On Apr 30, 2016, at 1:58 PM, 'Christine A. Kingston' attorneychristine@gmail.com [cdcbaa] wrote:
>
> Separate service requires separate summons.
>
> However, if the trust you are serving is a personal family trust, then it is not a separate entity and no additional service is required.
>
> I hope this helps.
>
> Christine
>
> Christine A. Kingston, Esq.
> Law Office of Christine A. Kingston > 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
> Office: 714-533-9210
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> Email: attorneychristine@gmail.com
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>> On Sat, Apr 30, 2016 at 4:06 AM, Holly Roark hollyroark22@gmail.com [cdcbaa] wrote:
>>
>> I need to amend my adversary complaint to add a cause of action, and to also name the debtor as "Trustee of the XYZ trust". The debtor was already named individually.
>>
>> The defendant (debtor) has not yet filed a responsive pleading and I am within the time frame to amend under FRCP 15.
>>
>> Do I need to get a separate summons issued for the debtor as "Trustee of the XYZ trust"? I already had a summons issued in his individual name and served him.
>>
>>
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> and Sports Lawyer
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California & District of Idaho - Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>> *By State Bar of California Board of Legal Specialization
>
>
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