Proof of service of declaration filed in the California proceedings
On Thu, May 21, 2015, 7:28 PM, Patrick Fox wrote:
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Thu, May 21, 2015, 7:28 PM
Subject:
Proof of service of declaration filed in the California proceedings
Desiree: I was informed you filed a declaration in the California family court proceedings and that a proof of service by mail was filed, but I've not been served any such declaration. Fox
On Thu, May 21, 2015, 10:35 PM, Desiree Capuano wrote:
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Thu, May 21, 2015, 10:35 PM
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Re: Proof of service of declaration filed in the California proceedings
You have. You sent me an email stating that you are no such person named in a court hearing and that you would not be accepting, or reading any documents sent to any such person named in any legal proceedings. You then informed me that you would be mailing it back to me unopened.
On Fri, May 22, 2015, 6:28 AM, Patrick Fox wrote:
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Fri, May 22, 2015, 6:28 AM
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Re: Proof of service of declaration filed in the California proceedings
Incorrect. I stated my name is not "Richard Riess" - I made no claim of not being the party "named" in any court hearing. That was an inference on your part. I did state I would not accept any mail addressed to "Richard Riess" because that is not my name and taking mail addressed to another person without that person's consent is illegal. I made no reference to reading any such documents - only to accepting them. Attempting to serve a party using a name other than their legal name does not meet the requirements of service of process under California or Arizona law. For example, suppose you decided to change your name back to Tomlin (as any decent person would do after getting divorced), then if I tried to serve you under the name Capuano and you informed me of such, then the mail got returned to me because there is no one at your address with the name Capuano - then I would not have made a reasonable effort to attempt to serve you. If the serving party is not aware of the other party's legal name then that's a different story - as long as they make every reasonable effort to effect service. Since you know my legal name is Patrick Fox, then attempting to serve me as Richard Riess does not fulfil the requirement of "reasonable effort". Please read some law books or consult someone who know what they're talking about. Patrick