Potts

Potts v. City of Bakersfield Code Enforcement CA5

Good Law
Court of Appeal of CaliforniaDecember 1, 2025F089677California5,178 words

Opinion

Opinion

BACKGROUND

On June 11, 2024, Jasmine Potts filed a complaint against the City of Bakersfield Code Enforcement (City). On September 17, 2024, Potts filed a first amended complaint (FAC). The FAC is not included in the record on appeal, but its filing is reflected on the register of actions for the case. On November 8, 2024, Potts filed a proof of service indicating service of a complaint and other papers on City, on September 17, 2024. More specifically, the proof of service indicated an “Ana Tellez” was personally served that day. On November 20, 2024, in its first appearance in the case, City filed a “certificate of inability to respond … to complaint.” (Capitalization omitted.) In the filing, City noted that “to date,” it “ha[d] not been properly served in this action.” City further stated: “After recently reviewing the docket, the City became aware of the Court’s acceptance of a Proof of Service that indicates the City was personally served on September 17, 2024 by and through a person named Ana Tellez. To [City’s] knowledge, no one by that name works for the City and the City has never been properly served with the Complaint and Summons.” In its certificate of inability to…

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