01/20/2012
- CASE WAS FILED WITH COURT
- CASE SET FOR A F.E.D. HEARING ON 02/07/2012 AT 1:00 PM
- PAYMENT - RECEIPT NO. 1200220 IN THE AMOUNT OF $ 130.00
- SUMMONS AND COMPLAINT ISSUED TO BAILIFF FOR PERSONAL SERVICE
- F.E.D SUMMONS AND COMPLAINT ISSUED TO DEFENDANT VIA ORDINARY
- MAIL W/CERTIFICATE OF MAILING.
02/01/2012
- RETURN OF SERVICE RECEIVED. PAPERS WERE PERSONALLY SERVED
- 1/31/12 BY BAILIFF BART DUNAVENT
02/07/2012
- PLAINTIFFS SERVED THE 3 DAY NOTICE UPON DEF ON 1/19/12;
- THE COMPLAINT WAS FILED ON 1/20/12. PLAINTIFFS FAILED TO
- PROVIDE THE PROPER NOTICE TO DEF. THE CASE IS DISMISSED DUE
- TO THIS JURISDICTIONAL DEFECT. PER MAGISTRATE HUBBELL.
02/13/2012
- OBJECTION FILED BY PLAINTIFF. FORWARDED TO JUDGE FOR
- PER JUDGE BOGEN: IT APPEARS THE 3 DAY NOTICE WAS DATED
- 1/15/12. HOWEVER, IT MAY BE THAT THE PLTF TESTIFIED SERVICE
- WAS 1/19/12. MAGISTRATE TO REVIEW RECORDING TO DETERMINE
- WHEN THE 3 DAY NOTICE WAS ACTUALLY SERVED ON 1/15 OR 1/19/12
02/16/2012
- 1/2 MAGISTRATES DECISION: I HAVE REVIEW THE AUDIO RECORDING
- IN THIS CASE. IT IS CLEAR THAT THE PLTF TESTIFIED THE THREE
- DAY NOTICE TO VACATE WAS SERVED 1/19/12. WHILE THIS MAY BE
- AN ERROR, IT WAS PLTF'S DUTY TO PROVIDE THE COURT WITH
- 2/2 INFORMATION. THUS, THE CASE MUST BE DISMISSED. THE
- COURT DOES NOT HAVE JURISDICTION TO PROCEED. PLTF CAN STILL
- RE-FILE ITS CASE AGAINST DEF.
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