Service of Process in Vessel Litigation in California

Chapter 4 of Division 3 of the Harbors and Navigation Code deals with service of process. Section 600 provides definitions for the terms “watercraft” and ”nonresident.”

Section 605 states that, where the nonresident has died prior to the commencement of a suit, action or proceeding brought pursuant to this chapter, service of process is to be made on the executor or administrator of the nonresident in the same manner and on the same notice as is provided in the case of the nonresident.

Section 606 says that proof of compliance with existing law is to be made in the event of service by mail by affidavit of the plaintiff or libelant or by affidavit of his attorney showing the mailing. The affidavit and receipt is required to be appended to the original summons or original citation.

Section 607 provides that the court in which the suit, action or proceeding is pending may order continuances as may be necessary to afford the defendant or respondent reasonable opportunity to defend the suit, action or proceeding.

Section 608 explains that, in the event of service of process pursuant to this chapter upon a nonresident outside this State, the person so served has 60 days from receipt of the notice required in which to appear in the suit, action or proceeding in which the summons or citation was issued.

Section 609 provides that nothing in this chapter is to be construed as affecting other methods of service of process upon nonresidents as now provided by existing laws.