415.10-415.95
CODE OF CIVIL PROCEDURE
SECTION 415.10-415.95
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 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 complaint during usual office
hours in his or her office or, if no physical address is known, at
his or her usual mailing address, other than a United States Postal
Service post office box, with the person who is apparently in charge
thereof, and by thereafter mailing a copy of the summons and
complaint by first-class mail, postage prepaid to the person to be
served at the place where a copy of the summons and complaint were
left. When service is effected by leaving a copy of the summons and
complaint at a mailing address, it shall be left with a person at
least 18 years of age, who shall be informed of the contents thereof.
Service of a summons in this manner is deemed complete on the 10th
day after the mailing.
(b) If a copy of the summons and 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 complaint at the
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 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 or
service of a subpoena, 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 that 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:
* * * * * * * * * * * * * * * * *
NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of Right to
Possession form appears in the hard-copy publication of the
chaptered bill. See Chapter 57, pages 159-162, Statutes of 1991.
* * * * * * * * * * * * * * * * *
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. If the party to be served
resides or is located out of this state, the court may also order the
summons to be published in a named newspaper outside this state that
is most likely to give actual notice to that party. The order shall
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.
415.95. (a) A summons may be served on a business organization,
form unknown, by leaving a copy of the summons and complaint during
usual office hours with the person who is apparently in charge of the
office of that business organization, and by thereafter mailing a
copy of the summons and complaint by first-class mail, postage
prepaid, to the person to be served at the place where a copy of the
summons and complaint was left. Service of a summons in this manner
is deemed complete on the 10th day after the mailing.
(b) Service of a summons pursuant to this section is not valid for
a corporation with a registered agent for service of process listed
with the Secretary of State.