Discussion:
Looking for lawyer in Sacramento CA. (plus a subpoena question)
(too old to reply)
Paul Maxson
2003-09-07 22:07:27 UTC
Permalink
Hello,

I have a rock solid case of defamation of character.

I am looking for someone who specializes in defamation.

You may also need to have knowledge of automotive business fraud but that is best determined by you.

The defamation is both slander and libel and proven (published.) I have damages.

Email and name in reply is real.

I am in Sacramento County.

Unrelated.

My question.

Serving subpoena (non ducas tecum) as a non registered process server.

I am serving two peace officers. One is a Sergeant. I served him the original
court provided page on camera at the police station. It has the date and time
for him to appear. But there wasn't anywhere for him to sign it, just me.

I kept the proof of service page. What do I do with it? There are empty spaces
for case # etc that say (for court use only.) How would I prove he was "served?"

He didn't sign anything.

Also,

I need to serve one of his officers but know they know and are avoiding me.
How do I catch up to him? Dispatch won't talk to me and he won't (of course)
answer his city desk phone.)

How do I get him to court? Does the Sergeant have to show in the above scenario?

Thanks,

PM
Robert
2003-09-08 01:42:18 UTC
Permalink
Well for one, if the case has to do with you, and you served him than the
subpoena is invalid, you cannot serve him yourself, you can have ANYONE else
do it whether they are a process server or not, once you do that you return
the proof of service paper to the court house.
Post by Paul Maxson
Hello,
I have a rock solid case of defamation of character.
I am looking for someone who specializes in defamation.
You may also need to have knowledge of automotive business fraud but that
is best determined by you.
Post by Paul Maxson
The defamation is both slander and libel and proven (published.) I have damages.
Email and name in reply is real.
I am in Sacramento County.
Unrelated.
My question.
Serving subpoena (non ducas tecum) as a non registered process server.
I am serving two peace officers. One is a Sergeant. I served him the original
court provided page on camera at the police station. It has the date and time
for him to appear. But there wasn't anywhere for him to sign it, just me.
I kept the proof of service page. What do I do with it? There are empty spaces
for case # etc that say (for court use only.) How would I prove he was "served?"
He didn't sign anything.
Also,
I need to serve one of his officers but know they know and are avoiding me.
How do I catch up to him? Dispatch won't talk to me and he won't (of course)
answer his city desk phone.)
How do I get him to court? Does the Sergeant have to show in the above scenario?
Thanks,
PM
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Paul Maxson
2003-09-08 03:08:41 UTC
Permalink
Post by Robert
Well for one, if the case has to do with you, and you served him than the
subpoena is invalid, you cannot serve him yourself, you can have ANYONE else
do it whether they are a process server or not, once you do that you return
the proof of service paper to the court house.
So then I will have someone else reserve him. Do I give it to records or bring it to the court date?
Jade
2003-09-09 03:33:45 UTC
Permalink
Also, for police officers, if you are serving them in their capacity as
police officers, you only have to serve it at their police station to the
desk clerk. You also have to pay a $150 witness fee for police officers
(rather than the regular $35 witness fee for "regular witnesses").
Post by Robert
Well for one, if the case has to do with you, and you served him than the
subpoena is invalid, you cannot serve him yourself, you can have ANYONE else
do it whether they are a process server or not, once you do that you return
the proof of service paper to the court house.
Post by Paul Maxson
Hello,
I have a rock solid case of defamation of character.
I am looking for someone who specializes in defamation.
You may also need to have knowledge of automotive business fraud but that
is best determined by you.
Post by Paul Maxson
The defamation is both slander and libel and proven (published.) I have
damages.
Post by Paul Maxson
Email and name in reply is real.
I am in Sacramento County.
Unrelated.
My question.
Serving subpoena (non ducas tecum) as a non registered process server.
I am serving two peace officers. One is a Sergeant. I served him the
original
Post by Paul Maxson
court provided page on camera at the police station. It has the date and
time
Post by Paul Maxson
for him to appear. But there wasn't anywhere for him to sign it, just me.
I kept the proof of service page. What do I do with it? There are empty
spaces
Post by Paul Maxson
for case # etc that say (for court use only.) How would I prove he was
"served?"
Post by Paul Maxson
He didn't sign anything.
Also,
I need to serve one of his officers but know they know and are avoiding
me.
Post by Paul Maxson
How do I catch up to him? Dispatch won't talk to me and he won't (of
course)
Post by Paul Maxson
answer his city desk phone.)
How do I get him to court? Does the Sergeant have to show in the above
scenario?
Post by Paul Maxson
Thanks,
PM
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.515 / Virus Database: 313 - Release Date: 9/1/2003
Jade
2003-09-09 03:37:01 UTC
Permalink
You need to give more details. You might be SOL if you didn't file
a government tort claim within six months of accrual of the cause of action.

You may also be SOL if this "defamation" occurred in the context of a
litigation proceeding.
Post by Robert
Well for one, if the case has to do with you, and you served him than the
subpoena is invalid, you cannot serve him yourself, you can have ANYONE else
do it whether they are a process server or not, once you do that you return
the proof of service paper to the court house.
Post by Paul Maxson
Hello,
I have a rock solid case of defamation of character.
I am looking for someone who specializes in defamation.
You may also need to have knowledge of automotive business fraud but that
is best determined by you.
Post by Paul Maxson
The defamation is both slander and libel and proven (published.) I have
damages.
Post by Paul Maxson
Email and name in reply is real.
I am in Sacramento County.
Unrelated.
My question.
Serving subpoena (non ducas tecum) as a non registered process server.
I am serving two peace officers. One is a Sergeant. I served him the
original
Post by Paul Maxson
court provided page on camera at the police station. It has the date and
time
Post by Paul Maxson
for him to appear. But there wasn't anywhere for him to sign it, just me.
I kept the proof of service page. What do I do with it? There are empty
spaces
Post by Paul Maxson
for case # etc that say (for court use only.) How would I prove he was
"served?"
Post by Paul Maxson
He didn't sign anything.
Also,
I need to serve one of his officers but know they know and are avoiding
me.
Post by Paul Maxson
How do I catch up to him? Dispatch won't talk to me and he won't (of
course)
Post by Paul Maxson
answer his city desk phone.)
How do I get him to court? Does the Sergeant have to show in the above
scenario?
Post by Paul Maxson
Thanks,
PM
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.515 / Virus Database: 313 - Release Date: 9/1/2003
Paul Maxson
2003-09-09 04:13:43 UTC
Permalink
Post by Jade
You need to give more details. You might be SOL if you didn't file
a government tort claim within six months of accrual of the cause of action.
It isn't anything city /county applicable I have one year and it has only been 2 months
Post by Jade
You may also be SOL if this "defamation" occurred in the context of a
litigation proceeding.
It's a seperate issue from the question about serving LEO's. I have two things going.
I am trying to not make allot of it public right now.

Who determines witness fees, it says "to be determined by the court."

I don't want to pay another 150.00 and leave this second one at "the desk"
if he won't help my case at all.

I would rather email I guess. Let me think of a way to word this carefully and post bacl tomorow.

Are the witness fees cast in stone? It's Yolo County

FYI,

Defamtion case isn't related to the subpeona's, I am fighting something related to those.


PM
Paul Maxson
2003-09-09 22:44:15 UTC
Permalink
Post by Paul Maxson
Post by Jade
You need to give more details. You might be SOL if you didn't file
a government tort claim within six months of accrual of the cause of action.
It isn't anything city /county applicable I have one year and it has only been 2 months
Post by Jade
You may also be SOL if this "defamation" occurred in the context of a
litigation proceeding.
It's a seperate issue from the question about serving LEO's. I have two things going.
I am trying to not make allot of it public right now.
Who determines witness fees, it says "to be determined by the court."
I don't want to pay another 150.00 and leave this second one at "the desk"
if he won't help my case at all.
I would rather email I guess. Let me think of a way to word this carefully and post bacl tomorow.
Are the witness fees cast in stone? It's Yolo County
FYI,
Defamtion case isn't related to the subpeona's, I am fighting something related to those.
PM
I went to serve the second LEO and he wouldn't accept it. He said all subpoena's have
to go through their front desk for billing purposes because I will have to pay them
over time to show up in court.

How far off is this? I only served one (a SGT) instead of two because I don't
want to pay all their OT etc if both are going to say the same thing!

If a California Attorney emails me I will send a link to the defamation info
they published to the web for review.

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