CA Civ. Pro: Personal Jurisdiction

Question 1

In CA, when must process be served?

Answer 1

Within 60 Days

D must be served within 60 days of the filing of case by the plaintiff or the action will be dismissed without prejudice

Question 2

In CA, if service of process does not take place within 60 days of the filing of the case, what happens?

Answer 2

The action is dismissed without prejudice.

Question 3

In CA, who can serve process?

Answer 3

Any nonparty at least 18 years old

same as federal court

Question 4

5 Ways to Serve Process in CA

Answer 4

1. Personal Service
2. Substitute Service
3. Agent for Service of Process
4. Waiver By Mail
5. By Publication

Question 5

CA Service of Process:
Personal Service

When allowed?

Answer 5

Allowed anywhere in CA.

same as federal court

Question 6

CA Service of Process:
Substitute Service

When allowed?

Answer 6

Allowed only if personal service cannot be made with “reasonable diligence.”

Plaintiff must attempt to serve the defendant by personal service before using substitute service.

Question 7

CA Service of Process:
Agent for Service of Process

For Corporations & Other Business Entities

Answer 7

Deliver service to registered agent for service of process, or to an officer or manager of the corporation.

Serve personally or leave with someone with apparent authority during regular business hours.

Question 8

CA Service of Process:
Waiver by Mail

Answer 8

The defendant waives her right to formal service of process if notice is mailed first class with prepaid postage to the defendant and the defendant returns the waiver within 20 days.

Service complete when defendant executes waiver form.

Question 9

CA Service of Process:
By Publication

Answer 9

A last resort and requires an affidavit from plaintiff’s attorney that the defendant could not be served by other means despite reasonable diligence.

Question 10

Service of Process Outside of CA

Allowed by what means?

Answer 10

Allowed by any of the means permitted by CA for in-state service or by mail with postage prepaid and return receipt requested.

If mailed, service deemed effective 10 days after mailing.

Question 11

Requirements for Service of Process by Mail Outside of CA

Answer 11

1. Postage prepaid
2. Return receipt requested

Service deemed effective 10 days after mailing.

Question 12

In CA, if service of process by mail outside of CA, when is service deemed effective?

Answer 12

10 days after mailing

Question 13

CA Requirements for Service (Waiver) by Mail

Answer 13

1. Notice mailed first class & with prepaid postage
2. Defendant returns waiver within 20 days

The defendant waives her right to formal service of process if notice is mailed first class with prepaid postage to the defendant and the defendant returns the waiver within 20 days.

Service complete when defendant executes waiver form.

Question 14

CA Requirements for Service by Publication

Answer 14

Affidavit from plaintiff’s attorney that the defendant could not be served by other means despite reasonable diligence.

Last Resort!

Question 15

In CA, what must plaintiff attempt before using substitute service?

Service of Process in CA

Answer 15

Plaintiff must attempt to serve the defendant by personal service before using substitute service.

Question 16

In CA, subsitute service of process is allowed only if what?

Answer 16

Allowed only if personal service cannot be made with “reasonable diligence.”

Plaintiff must attempt to serve the defendant by personal service before using substitute service.

Question 17

Requirements for Subsitute Service of Process in CA

Answer 17

1. Usual Abode or Mailing Address (where D resides; NO P.O. boxes!
2. Competent Member of Household > 18 Y/O
3. Informed of Contents
4. Process ALSO Must Be Mailed First Class With Prepaid Postage

Service is deemed effective 10 dyas after mailing