service of C&R on PTP (California)

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service of C&R on PTP (California)

Postby carmenita on Mon May 13, 2019 11:43 am

What is the rule on serving the PTP or other treaters with the C&R now days? I know that 10886 states defendant to serve lien claimants and I thought the AD changed what was considered a "lien claimant" with SB 863. Does defendant still have a duty to serve the C&R on treaters and if so what regulation or statute. Thanks.
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Re: service of C&R on PTP (California)

Postby LawAdvocate on Tue May 14, 2019 8:28 am

No, the duty to serve the C&R is only to the parties listed in the case.

The lien holder definition changed briefly when a bill was considered constructive notice of a lien. The legislature turned that back and said no, you must actually file a lien.

So there is no obligation to serve anyone outside of the parties of record as listed in EAMS.
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Re: service of C&R on PTP (California)

Postby carmenita on Thu May 16, 2019 5:23 pm

Thanks LawAdvocate
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