Summons in California Civil Actions

Code of Civil Procedure Part 2, Title 5, Chapter 3 deals with summons in the service of process for civil actions. Section 412.10 states that, after payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant. The clerk is required to keep each original summons in the court records and provide a copy of each summons issued to the plaintiff who requested issuance of the summons.

Section 412.20 requires, with certain exceptions, a summons to be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending. In addition, a summons is required to contain six specified items, included a notice. Also, a summons in a form approved by the Judicial Council is deemed to comply with this section.

Section 412.30 states that, in an action against a corporation or an unincorporated association (including a partnership), the copy of the summons that is served is required to contain a notice stating in substance a specified message. If the notice does not appear on the copy of the summons served, no default may be taken against such corporation or unincorporated association or against such person individually, as the case may be.

Part 2, Title 5, Chapter 4, Article 5 deals with proof of service in civil actions. Section 417.10 provides that proof that a summons was served on a person within this state is required to be made in six specified manners.

Section 417.20 requires proof that a summons was served on a person outside this state to be made in five specified instances.

Section 417.30 specifies 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 says that any proof of service which is signed by a person registered or his employee or independent contractor must indicate the county in which he is registered and the number assigned to him.