Jurisdiction and Service of Process

California’s Code of Civil Procedure, in Part 2, Title 5, Chapter 5, deals with persons upon whom summons may be serviced in civil actions. Section 416.10 allows a summons to be served on a corporation by delivering a copy of the summons and the complaint by any of the four specified methods.

Section 416.20 provides that 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 to specified individuals.

Section 416.30 allows a summons to be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided by law.

Section 416.40 allows a summons to be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint following specified procedures depending on whether the association is or is not a general or limited partnership.

Section 416.50 allows a summons to 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. The term “public entity” is defined in this section.

Section 416.60 allows a summons to be served on a minor by delivering a copy of the summons and of the complaint to his or her 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 the minor.

Section 416.70 allows a summons to 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 or her guardian, conservator, or similar fiduciary.

Section 416.90 allows a summons to be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to the person or to a person authorized by her or him to receive service of process.

Article 5 deals with proof of service. Section 417.10 specifies that proof that a summons was served on a person within this state is made by following specified procedures, such as by personal service or by publication.

Section 417.20 allows proof that a summons was served on a person outside this state by meeting specified procedures such as by written admission or by posting.

Section 417.30 provides that, after a summons has been served on a person, proof of service of the summons must be filed, unless the defendant has previously made a general appearance.

Section 417.40 states that any proof of service which is signed by a person registered under the Business and Professions Code or his employee or independent contractor must indicate the county in which he is registered and the number assigned to him.

Chapter 5 of Title 5 of Part 2 deals with objections to jurisdiction regarding service of process. Section 418.10 provides that a defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the three specified purposes.

The notice must designate, as the time for making the motion, a date not more than 30 days after filing of the notice. And, the notice extends the defendant’s time to plead until 15 days after service upon him or her of a written notice of entry of an order denying his or her motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 20 days. There are specified rules if the motion is denied by the trial court. No default may be entered against the defendant before expiration of his or her time to plead.

Section 418.11 states that an appearance at a hearing at which ex parte relief is sought, or an appearance at a hearing for which an ex parte application for a provisional remedy is made, is not a general appearance and does not constitute a waiver of the right to make a motion under Section 418.10.