Service of Process

Question 1

Roadmap

Answer 1

Inside California

• Service by Mail CCP§415.30
• On Individuals: Personal Service CCP §415.10, Substituted Service CCP§416.10, or by Publication CCP§415.50
• On Corporations: Personal Delivery CCP §416.10, Substituted Service CCP §415.20(a)

Outside California (But Within the USA):
- CCP§415.40

Outside of the USA:
- CCP §413.10(c)

Question 2

Rockefeller v. Changzhou

Answer 2

Here, there was an MOU that constituted a valid waiver of formal service of process under CA law
- Said that method of service to be done in English using FedEx

Therefore, not an occasion to transmit a judicial document for service abroad within the meaning of the Hague Service Convention.

Question 3

When should we apply the Hague Convention for service abroad?

Answer 3

3 Step Rule:

1) The Hague Service Convention applies only to a formal delivery of documents.
2) If you can serve the defendant via the CCP, you DO NOT need to apply the Hauge Convention
3) If formal service of process is required under the law of the sending forum, it must comply with the Convention.

Question 4

Yamaha Motor Co Ltd v Superior Court

Answer 4

Consumer brought products liability action against Japanese vehicle manufacturer, and served process on manufacturer’s American subsidiary.

Is the service proper? YES

CA law allows service on a foreign corporation by serving it’s domestic subsidiary
○ CCP §413.10 (Rules governing summonses “are subject to” the provisions of the Hague Service Convention.)

Cosper v. Smith & Wesson: Service on this representative was sufficient to serve the Massachusetts corporation because the representative was the “ ‘general manager in this State.’ ”
Therefore: Service on Yahama-America WAS good enough to serve Yamaha-Japan.

Question 5

Substituted Service

Answer 5

If personal delivery of the summons and complaint to the person to be served is not possible, a summons may be served by leaving a copy of the summons and complaint during usual office hours in their office or, if no physical address is known, at his or her usual mailing address (not a PO box)

If physically served, it must be left with a person at least 18 years of age, who shall be informed of the contents thereof.

Question 6

Service on a Corporation

Answer 6

A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods:

(a) To the person designated as agent for service of process
(b) To a head of the corporation or a person authorized by the corporation to receive service of process (General Manager, Assistant etc.)
(c) If the corporation is a bank, it can also be served on a cashier or assistant cashier (or person specified in subdivision (a) or (b).

Service of Process CANNOT be addressed to a corporation

Question 7

What is a Motion to Quash

Answer 7

Challenging service of process for lack of PJ

- Must explain why service of process was incorrect

Question 8

Service of Process inside CA

Answer 8

1. By mail
   - A copy of the summons and of the complaint should be mailed first-class, postage prepaid
2. Personal service
3. Or (if reasonable attempt at personal service is made) then substituted service or publication (reasonable attempt at service usually means trying 3 times and failing)
4. Or on corporations/ substituted service (here, there is no hierarchy of methods, you can do them in any order)

Question 9

Service of Process Outside CA

Answer 9

Can use all methods in the code or laws under the state where service is made.

Question 10

Service Outside USA

Answer 10

D can be served according to laws of forum where D is served OR the Hague Convention

If D challenges service (motion to quash) then P has burden of proving service was effective