California Code of Civil Procedure
CODE OF CIVIL PROCEDURE SECTION 413.10-413.40
413.10. Except as otherwise provided by statute, a summons shall be
served on a person:
(a) Within this state, as provided in this chapter.
(b) Outside this state but within the United States, as provided
in this chapter or as prescribed by the law of the place where the
person is served.
(c) Outside the United States, as provided in this chapter or as
directed by the court in which the action is pending, or, if the
court before or after service finds that the service is reasonably
calculated to give actual notice, as prescribed by the law of the
place where the person is served or as directed by the foreign
authority in response to a letter rogatory. These rules are subject
to the provisions of the Convention on the "Service Abroad of
Judicial and Extrajudicial Documents" in Civil or Commercial Matters
(Hague Service Convention).
413.20. If a summons is served by mail pursuant to this chapter,
the provisions of Section 1013 that extend the time for exercising a
right or doing an act shall not extend any time specified in this
title.
413.30. Where no provision is made in this chapter or other law for
the service of summons, the court in which the action is pending may
direct that summons be served in a manner which is reasonably
calculated to give actual notice to the party to be served and that
proof of such service be made as prescribed by the court.
413.40. Any service of summons which complies with the provisions
of this chapter shall not be rendered invalid or ineffective because
it was made by a person in violation of Chapter 16 (commencing with
Section 22350) of Division 8 of the Business and Professions Code
414.10. A summons may be served by any person who is at least 18
years of age and not a party to the action.
415.10. A summons may be served by personal delivery of a copy of
the summons and of the complaint to the person to be served. Service
of a summons in this manner is deemed complete at the time of such
delivery.
The date upon which personal delivery is made shall be entered on
or affixed to the face of the copy of the summons at the time of its
delivery. However, service of a summons without such date shall be
valid and effective.
415.20. (a) In lieu of personal delivery of a copy of the summons
and of the complaint to the person to be served as specified in
Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be
served by leaving a copy of the summons and of the complaint during
usual office hours in his or her office with the person who is
apparently in charge thereof, and by thereafter mailing a copy of the
summons and of the complaint (by first-class mail, postage prepaid)
to the person to be served at the place where a copy of the summons
and of the complaint were left. Service of a summons in this manner
is deemed complete on the 10th day after such mailing.
(b) If a copy of the summons and of the complaint cannot with
reasonable diligence be personally delivered to the person to be
served as specified in Section 416.60, 416.70, 416.80, or 416.90, a
summons may be served by leaving a copy of the summons and of the
complaint at such person's dwelling house, usual place of abode,
usual place of business, or usual mailing address other than a United
States Postal Service post office box, in the presence of a
competent member of the household or a person apparently in charge of
his or her office, place of business, or usual mailing address other
than a United States Postal Service post office box, at least 18
years of age, who shall be informed of the contents thereof, and by
thereafter mailing a copy of the summons and of the complaint (by
first-class mail, postage prepaid) to the person to be served at the
place where a copy of the summons and of the complaint were left.
Service of a summons in this manner is deemed complete on the 10th
day after the mailing.
415.21. (a) Notwithstanding any other provision of law, any person
shall be granted access to a gated community for a reasonable period
of time for the purpose of performing lawful service of process, upon
identifying to the guard the person or persons to be served, and
upon displaying a current driver's license or other identification,
and one of the following:
(1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal.
(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code.
(b) This section shall only apply to a gated community which is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.
415.30. (a) A summons may be served by mail as provided in this
section. A copy of the summons and of the complaint shall be mailed
(by first-class mail or airmail, postage prepaid) to the person to be
served, together with two copies of the notice and acknowledgment
provided for in subdivision (b) and a return envelope, postage
prepaid, addressed to the sender.
(b) The notice specified in subdivision (a) shall be in
substantially the following form:
(Title of court and cause, with action number, to be inserted
by the sender prior to mailing)
NOTICE To: (Here state the name of the person to be served.)
This summons is served pursuant to Section 415.30 of the
California Code of Civil Procedure. Failure to complete this form
and return it to the sender within 20 days may subject you (or the
party on whose behalf you are being served) to liability for the
payment of any expenses incurred in serving a summons upon you in any
other manner permitted by law. If you are served on behalf of a
corporation, unincorporated association (including a partnership), or
other entity, this form must be signed in the name of such entity by
you or by a person authorized to receive service of process on
behalf of such entity. In all other cases, this form must be signed
by you personally or by a person authorized by you to acknowledge
receipt of summons. Section 415.30 provides that this summons is
deemed served on the date of execution of an acknowledgment of
receipt of summons. _______________Signature of sender
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS
This acknowledges receipt on (insert date) of a copy of the
summons and of the complaint at (insert address). Date: (Date
this acknowledgement is executed) Signature of
person acknowledging receipt, with title if acknowledgment is made on
behalf of another person
(c) Service of a summons pursuant to this section is deemed
complete on the date a written acknowledgement of receipt of summons
is executed, if such acknowledgement thereafter is returned to the
sender.
(d) If the person to whom a copy of the summons and of the
complaint are mailed pursuant to this section fails to complete and
return the acknowledgement form set forth in subdivision (b) within
20 days from the date of such mailing, the party to whom the summons
was mailed shall be liable for reasonable expenses thereafter
incurred in serving or attempting to serve the party by another
method permitted by this chapter, and, except for good cause shown,
the court in which the action is pending, upon motion, with or
without notice, shall award the party such expenses whether or not he
is otherwise entitled to recover his costs in the action.
(e) A notice or acknowledgment of receipt in form approved by the
Judicial Council is deemed to comply with this section.
415.40. A summons may be served on a person outside this state in
any manner provided by this article or by sending a copy of the
summons and of the complaint to the person to be served by
first-class mail, postage prepaid, requiring a return receipt.
Service of a summons by this form of mail is deemed complete on the
10th day after such mailing.
415.45. (a) A summons in an action for unlawful detainer of real
property may be served by posting if upon affidavit it appears to the
satisfaction of the court in which the action is pending that the
party to be served cannot with reasonable diligence be served in any
manner specified in this article other than publication and that:
(1) A cause of action exists against the party upon whom service
is to be made or he is a necessary or proper party to the action; or
(2) The party to be served has or claims an interest in real
property in this state that is subject to the jurisdiction of the
court or the relief demanded in the action consists wholly or in part
in excluding such party from any interest in such property.
(b) The court shall order the summons to be posted on the premises
in a manner most likely to give actual notice to the party to be
served and direct that a copy of the summons and of the complaint be
forthwith mailed by certified mail to such party at his last known
address.
(c) Service of summons in this manner is deemed complete on the
10th day after posting and mailing.
(d) Notwithstanding an order for posting of the summons, a summons
may be served in any other manner authorized by this article, except
publication, in which event such service shall supersede any posted
summons.
415.46. (a) In addition to the service of a summons and complaint
in an action for unlawful detainer upon a tenant and subtenant, if
any, as prescribed by this article, a prejudgment claim of right to
possession may also be served on any person who appears to be or who
may claim to have occupied the premises at the time of the filing of
the action. Service upon occupants shall be made pursuant to
subdivision (c) by serving a copy of a prejudgment claim of right to
possession, as specified in subdivision (f), attached to a copy of
the summons and complaint at the same time service is made upon the
tenant and subtenant, if any.
(b) Service of the prejudgment claim of right to possession in
this manner shall be effected by a marshal, sheriff, or registered
process server.
(c) When serving the summons and complaint upon a tenant and
subtenant, if any, the marshal, sheriff, or registered process server
shall make a reasonably diligent effort to ascertain whether there
are other adult occupants of the premises who are not named in the
summons and complaint by inquiring of the person or persons who are
being personally served, or any person of suitable age and discretion
who appears to reside upon the premises, whether there are other
occupants of the premises.
If the identity of such an occupant is disclosed to the officer or
process server and the occupant is present at the premises, the
officer or process server shall serve that occupant with a copy of
the prejudgment claim of right to possession attached to a copy of
the summons and complaint. If personal service cannot be made upon
that occupant at that time, service may be effected by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint addressed to that occupant with a
person of suitable age and discretion at the premises, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises in a manner most likely to give actual notice to that
occupant, and (3) sending the same addressed to that occupant by
first-class mail.
In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if any,
the officer or process server shall serve a prejudgment claim of
right to possession for all other persons who may claim to occupy the
premises at the time of the filing of the action by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint at the premises at the same time
service is made upon the tenant and subtenant, if any, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises so that it is likely to give actual notice to an
occupant, and (3) sending the same addressed to "all occupants in
care of the named tenant" to the premises by first-class mail.
The person serving process shall state the date of service on the
prejudgment claim of right to possession form. However, the absence
of the date of service on the prejudgment claim of right to
possession does not invalidate the claim.
(d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made pursuant to
this section. Service on occupants in accordance with this section
shall not alter or affect service upon the tenant or subtenant, if
any.
(e) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance
with this section, no occupant of the premises, whether or not such
occupant is named in the judgment for possession, may object to the
enforcement of that judgment as prescribed in Section 1174.3.
(f) The prejudgment claim of right to possession shall be made on
the following form:
415.47. (a) Where the lessee has given the lessor written notice of
the lessee's intent not to abandon leased real property as provided
in Section 1951.3 of the Civil Code, the summons in an action for
unlawful detainer of the real property may be served on the lessee by
certified mail, postage prepaid, addressed to the lessee at the
address stated in the lessee's notice of intent not to abandon if
such summons is deposited in the mail within 60 days from the date
the lessee's notice of intent not to abandon is received by the
lessor. Service in this manner is deemed completed on the 10th day
after such mailing.
(b) Where the lessee has given the lessor written notice of the
lessee's intent not to abandon leased real property as provided in
Section 1951.3 of the Civil Code, but failed to include in such
notice an address at which the lessee may be served by certified mail
in any action for unlawful detainer of the real property, the
summons in an action for unlawful detainer of the real property may
be served on the lessee by certified mail, postage prepaid, addressed
to the lessee at (1) the same address or addresses to which the
lessor's notice of belief of abandonment was addressed if that notice
was given by mail or (2) the address of the real property if the
lessor's notice of belief of abandonment was personally served on the
lessee. Service may not be made pursuant to this subdivision unless
the summons is deposited in the mail within 60 days from the date
the lessee's notice of intent not to abandon is received by the
lessor. Service in the manner authorized by this subdivision is
deemed completed on the 10th day after such mailing.
(c) This section provides an alternative method of service on the
lessee and does not preclude service in any other manner authorized
by this chapter.
415.50. (a) A summons may be served by publication if upon
affidavit it appears to the satisfaction of the court in which the
action is pending that the party to be served cannot with reasonable
diligence be served in another manner specified in this article and
that either:
(1) A cause of action exists against the party upon whom service
is to be made or he or she is a necessary or proper party to the
action.
(2) The party to be served has or claims an interest in real or
personal property in this state that is subject to the jurisdiction
of the court or the relief demanded in the action consists wholly or
in part in excluding the party from any interest in the property.
(b) The court shall order the summons to be published in a named
newspaper, published in this state, that is most likely to give
actual notice to the party to be served and direct that a copy of the
summons, the complaint, and the order for publication be forthwith
mailed to the party if his or her address is ascertained before
expiration of the time prescribed for publication of the summons.
Except as otherwise provided by statute, the publication shall be
made as provided by Section 6064 of the Government Code unless the
court, in its discretion, orders publication for a longer period.
(c) Service of a summons in this manner is deemed complete as
provided in Section 6064 of the Government Code.
(d) Notwithstanding an order for publication of the summons, a
summons may be served in another manner authorized by this chapter,
in which event the service shall supersede any published summons.
(e) As a condition of establishing that the party to be served
cannot with reasonable diligence be served in another manner
specified in this article, the court may not require that a search be
conducted of public databases where access by a registered process
server to residential addresses is prohibited by law or by published
policy of the agency providing the database, including, but not
limited to, voter registration rolls and records of the Department of
Motor Vehicles.
416.10. A summons may be served on a corporation by delivering a
copy of the summons and of the complaint:
(a) To the person designated as agent for service of process as
provided by any provision in Section 202, 1502, 2105 or 2107 of the
Corporations Code (or Sections 3301 to 3303, inclusive, or Sections
6500 to 6504, inclusive, of the Corporations Code as in effect on
December 31, 1976 with respect to corporations to which they remain
applicable);
(b) To the president or other head of the corporation, a vice
president, a secretary or assistant secretary, a treasurer or
assistant treasurer, a general manager, or a person authorized by the
corporation to receive service of process;
(c) If the corporation is a bank, to a cashier or assistant
cashier or to a person specified in subdivision (a) or (b); or
(d) When authorized by any provision in Section 1701, 1702, 2110
or 2111 of the Corporations Code (or Sections 3301 to 3303,
inclusive, or Sections 6500 to 6504, inclusive, of the Corporations
Code as in effect on December 31, 1976, with respect to corporations
to which they remain applicable), as provided by such provision.
416.20. A summons may be served on a corporation that has forfeited
its charter or right to do business, or has dissolved, by delivering
a copy of the summons and of the complaint:
(a) To a person who is a trustee of the corporation and of its
stockholders or members; or
(b) When authorized by any provision in Sections 2011 or 2114 of
the Corporations Code (or Sections 3301 to 3303, inclusive, or
Sections 6500 to 6504, inclusive, of the Corporations Code as in
effect on December 31, 1976, with respect to corporations to which
they remain applicable), as provided by such provision.
416.30. A summons may be served on a joint stock company or
association by delivering a copy of the summons and of the complaint
as provided by Section 416.10 or 416.20.
416.40. A summons may be served on an unincorporated association
(including a partnership) by delivering a copy of the summons and of
the complaint:
(a) If the association is a general or limited partnership, to the
person designated as agent for service of process as provided in
Section 24003 of the Corporations Code or to a general partner or the
general manager of the partnership;
(b) If the association is not a general or limited partnership, to
the person designated as agent for service of process as provided in
Section 24003 of the Corporations Code or to the president or other
head of the association, a vice president, a secretary or assistant
secretary, a treasurer or assistant treasurer, a general manager, or
a person authorized by the association to receive service of process;
(c) When authorized by Section 15700 or 24007 of the Corporations
Code, as provided by the applicable section.
416.50. (a) A summons may be served on a public entity by
delivering a copy of the summons and of the complaint to the clerk,
secretary, president, presiding officer, or other head of its
governing body.
(b) As used in this section, "public entity" includes the state
and any office, department, division, bureau, board, commission, or
agency of the state, the Regents of the University of California, a
county, city, district, public authority, public agency, and any
other political subdivision or public corporation in this state.
416.60. A summons may be served on a minor by delivering a copy of
the summons and of the complaint to his parent, guardian,
conservator, or similar fiduciary, or, if no such person can be found
with reasonable diligence, to any person having the care or control
of such minor or with whom he resides or by whom he is employed, and
to the minor if he is at least 12 years of age.
416.70. A summons may be served on a person (other than a minor)
for whom a guardian, conservator, or similar fiduciary has been
appointed by delivering a copy of the summons and of the complaint to
his guardian, conservator, or similar fiduciary and to such person,
but, for good cause shown, the court in which the action is pending
may dispense with delivery to such person.
416.80. When authorized by Section 11 of the Elections Code, a
summons may be served as provided by that section.
416.90. A summons may be served on a person not otherwise specified
in this article by delivering a copy of the summons and of the
complaint to such person or to a person authorized by him to receive
service of process.
417.10. Proof that a summons was served on a person within this
state shall be made:
(a) If served under Section 415.10, 415.20, or 415.30, by the
affidavit of the person making such service showing the time, place,
and manner of service and facts showing that such service was made in
accordance with this chapter. Such affidavit shall recite or in
other manner show the name of the person to whom a copy of the
summons and of the complaint were delivered, and, if appropriate, his
title or the capacity in which he is served, and that the notice
required by Section 412.30 appeared on the copy of the summons
served, if in fact it did appear.
If service is made by mail pursuant to Section 415.30, proof of
service shall include the acknowledgement of receipt of summons in
the form provided by that section or other written acknowledgment of
receipt of summons satisfactory to the court.
(b) If served by publication pursuant to Section 415.50, by the
affidavit of the publisher or printer, or his foreman or principal
clerk, showing the time and place of publication, and an affidavit
showing the time and place a copy of the summons and of the complaint
were mailed to the party to be served, if in fact mailed.
(c) If served pursuant to another statute of this state, in the
manner prescribed by such statute or, if no manner is prescribed, in
the manner prescribed by this section for proof of a similar manner
of service.
(d) By the written admission of the party.
(e) If served by posting pursuant to Section 415.45, by the
affidavit of the person who posted the premises, showing the time and
place of posting, and an affidavit showing the time and place copies
of the summons and of the complaint were mailed to the party to be
served, if in fact mailed.
(f) All proof of personal service shall be made on a form adopted
by the Judicial Council.
417.20. Proof that a summons was served on a person outside this
state shall be made:
(a) If served in a manner specified in a statute of this state, as
prescribed by Section 417.10, and if service is made by mail
pursuant to Section 415.40, proof of service shall include evidence
satisfactory to the court establishing actual delivery to the person
to be served, by a signed return receipt or other evidence;
(b) In the manner prescribed by the court order pursuant to which
the service is made;
(c) Subject to any additional requirements that may be imposed by
the court in which the action is pending, in the manner prescribed by
the law of the place where the person is served for proof of service
in an action in its courts of general jurisdiction; or
(d) By the written admission of the party.
(e) If served by posting pursuant to Section 415.45, by the
affidavit of the person who posted the premises, showing the time and
place of posting, and an affidavit showing the time and place copies
of the summons and of the complaint were mailed to the party to be
served, if in fact mailed.
417.30. (a) After a summons has been served on a person, the
summons must be returned together with proof of service as provided
in Section 417.10 or 417.20, unless the defendant has previously made
a general appearance.
(b) If a summons is lost after service has been made but before it
is returned, an affidavit of the person who made the service showing
the time, place, and manner of service and facts showing that such
service was made in accordance with this chapter may be returned with
the same effect as if the summons itself were returned.
417.40. Any proof of service which is signed by a person registered
under Chapter 16 (commencing with Section 22350) of Division 8 of
the Business and Professions Code or his employee or independent
contractor shall indicate the county in which he is registered and
the number assigned to him pursuant to Section 22355 of the Business
and Professions Code.
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