This case has been cited 1 times or more.
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2015-08-17 |
PERALTA, J. |
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| Summons is a writ by which the defendant is notified of the action brought against him or her.[24] Its purpose is two-fold: to acquire jurisdiction over the person of the defendant and to notify the defendant that an action has been commenced so that he may be given an opportunity to be heard on the claim against him.[25] "[C]ompliance with the rules regarding the service of summons is as much an issue of due process as of jurisdiction. The essence of due process is to be found in the reasonable opportunity to be heard and submit any evidence one may have in support of his defense. It is elementary that before a person can be deprived of his property, he should first be informed of the claim against him and the theory on which such claim is premised."[26] | |||||