CA Service of Process Flashcards
What motion to file in California for insufficient service of process?
Must file a motion to quash service of summons or to set aside default judgement due to insufficient service of process
Who can serve process in CA?
A nonparty who is atleast 18 years old at time of service
What is substituted service?
On another person at the defendant’s usual place of abode. May be used if unable to serve D because service cannot be diligently had. Process must be left with an 18 year old who lives at the defendant’s place of abode. Person served must be informed of the content. Process must also be mailed first-class, prepaid to the defendant.
When is substituted service deemed effective?
Ten days after mailing
What is required for service by mail?
A copy of the summons and compliant along with two copies of acknowledgement form with a self-addressed stamped envelop addressed to the plaintiff
How long does defendant have to return the form with service by mail?
20 days instead of 30 in federal court. Service is deemed complete when the form is executed by the party receiving service.
When is a corporation served?
When the summons and copy of compliant are served to an officer or general manager or left with someone in charge of the office during business hours
When is service by publication allowed?
Only by affidavit showing by plaintiff’s attorney showing the defendant cannot be located for service. Attorney must showed they used reasonable diligence to locate defendant
Are people immune from being served with a CA state action while in court in CA for another action?
No, they can be served while appearing in court for another issue. This differs from federal rule.
