Service of Process CA Flashcards
Who may serve process in CA?
Any nonparty who is at least 18 years old may serve process.
Methods for Delivering Service inside CA
Personal Service
Substituted Service
Service by Mail
Corporations and Other Businesses
Service by Publication
Substituted Service: Federal v. CA
In CA:
Substituted service may be used only if personal service was first attempted (Federal Court lets you chose substituted service even if personal service is possible)
Process must be left with a competent member of the household who is at least age 18 (federal rules require service be made on someone of suitable age and discretion, which is broader)
The person served must be informed of the process’s contents
Process must also be mailed by first-class mail, postage prepaid to the defendant.
When is Substituted Service deemed effective in CA
Substituted service is deemed effective on the 10th day after mailing.
How to serve by mail
A copy of summons and complaint and TWO copies of acknowledgment (waiver form) are mailed to the defendant, with self-addressed stamped envelope addressed to the plaintiff.
D has 20 days (instead of 30 days in federal court) to return the form
Service is deemed complete when the defendant executes the waiver.
Service on Corporations and Other Businesses in CA
A corporation or other business entity is served by delivering process to its agent for service of process or to an officer or general manager.
The agent may be served personally, or process left with someone apparently in charge at her office during usual office hours.
Registered agent is served at the registered office.
Service by Publication in CA
Available only on affidavit from the plaintiff’s attorney showing that the defendant cannot be served.
P’s attorney must show they used reasonable diligence in trying to serve the defendant in another way.
Service by publication is a last resort.
Serving Process Outside CA but within the USA
Can be accomplished by any of the methods allowed for in-state service.
