Service of C&R (California)

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Service of C&R (California)

Postby lacompfun on Thu Sep 20, 2018 8:51 am

Scenario;

Settle by C&R.

There are two liens of record which are resolved before the C&R. So all liens done.

However there is one medical provider listed on EAMS mailing address. They did not file a lien.

Does Defendant serve the one listed on EAMS mailing address with no lien filed the Order Approving with C&R?
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Re: Service of C&R (California)

Postby LawAdvocate on Fri Sep 21, 2018 8:12 am

Regardless of settled liens or not, you serve all parties on the existing address record at the time of the C&R, a copy of the C&R. The regs state service to all parties, with no exceptions.
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Re: Service of C&R (California)

Postby lacompfun on Fri Sep 21, 2018 10:42 am

Thank you.... curious... so how do they become a party and listed on EAMS without filing a lien?
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Re: Service of C&R (California)

Postby LawAdvocate on Fri Sep 21, 2018 12:04 pm

Most likely a WCAB error, they had a lien and withdrew but the box was not checked to take them off the official address record or they filed a lien and were only added to the official address record. So to error on the side of caution, it is just easier to serve all parties. That way if they do claim a lien and don't pursue it in a reasonable amount of time, you can claim latches if necessary.
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