Service of Summons in California Civil Actions

In the California Code of Civil Procedure, Part 2, Title 5, Chapter 4, Article 1, there are provisions related to the service of a summons in civil action.

Section 413.10 requires a summons to be served on a person within this state; outside this state, but within the United States; outside the United States, under specified procedures.

Section 413.20 states that, if a summons is served by mail pursuant to this chapter, the provisions of law that extend the time for exercising a right or doing an act do not extend any time specified in this title.

Section 413.30 provides that, where no provision is made in this chapter 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.

Section 413.40 specifies that any service of summons which complies with the provisions of this chapter is not rendered invalid or ineffective because it was made by a person in violation of a specified provision of the Business and Professions Code.

Article 2 of Chapter 4 deals with persons who may serve a summons in a civil action. Section 414.10 allows a summons to be served by any person who is at least 18 years of age and not a party to the action.

Article 3 of Chapter 4 deals with the manner of serving the summons in a civil action. Section 415.10 allows a summons to 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.

Section 415.20 provides that, in lieu of personal delivery of a copy of the summons and complaint to the person to be served, 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, 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 must be left with a person at least 18 years of age, who must be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing. There are provisions for when the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served.

Section 415.21 requires any person to be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of two specified forms of identification. The term “covered multifamily dwelling” is defined.

Section 415.30 allows a summons to be served by mail as provided in this section. A copy of the summons and of the complaint must 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 and a return envelope, postage prepaid, addressed to the sender. The notice must be in substantially the form provided in this statute.

Section 415.40 allows a summons to 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 the mailing.

Section 415.45 says that 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 specified circumstances exist.

Section 415.46 provides rules for actions for unlawful detainer upon a tenant and subtenant. Service of the prejudgment claim of right to possession in this manner must be effected by a marshal, sheriff, or registered process server. Proof of service has to be filed with the court with specified information.

Section 415.47 deals with when the lessee has given the lessor written notice of the lessee’s intent not to abandon leased 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 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.

Section 415.50 allows a summons to 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 of two circumstances exist.

Section 415.95 allows a summons to 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.