CODE OF CIVIL PROCEDURE SECTION 413.10-413.40

413.10. Except as otherwise provided by statute, a summons shall be

served on a person:

(a) Within this state, as provided in this chapter.

(b) Outside this state but within the United States, as provided

in this chapter or as prescribed by the law of the place where the

person is served.

(c) Outside the United States, as provided in this chapter or as

directed by the court in which the action is pending, or, if the

court before or after service finds that the service is reasonably

calculated to give actual notice, as prescribed by the law of the

place where the person is served or as directed by the foreign

authority in response to a letter rogatory. These rules are subject

to the provisions of the Convention on the “Service Abroad of

Judicial and Extrajudicial Documents” in Civil or Commercial Matters

(Hague Service Convention).

413.20. If a summons is served by mail pursuant to this chapter,

the provisions of Section 1013 that extend the time for exercising a

right or doing an act shall not extend any time specified in this

title.

413.30. Where no provision is made in this chapter or other law 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.

413.40. Any service of summons which complies with the provisions

of this chapter shall not be rendered invalid or ineffective because

it was made by a person in violation of Chapter 16 (commencing with

Section 22350) of Division 8 of the Business and Professions Code

414.10. A summons may be served by any person who is at least 18

years of age and not a party to the action.

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 of the 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 of the complaint during

usual office hours in his or her office with the person who is

apparently in charge 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 of the complaint were left. Service of a summons in this manner

is deemed complete on the 10th day after such mailing.

(b) If a copy of the summons and of the 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 of the

complaint at such 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 of the 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, 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 which 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:

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 and 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.

416.10. A summons may be served on a corporation by delivering a

copy of the summons and of the complaint:

(a) To the person designated as agent for service of process as

provided by any provision in Section 202, 1502, 2105 or 2107 of the

Corporations Code (or Sections 3301 to 3303, inclusive, or Sections

6500 to 6504, inclusive, of the Corporations Code as in effect on

December 31, 1976 with respect to corporations to which they remain

applicable);

(b) To the president or other head of the corporation, a vice

president, a secretary or assistant secretary, a treasurer or

assistant treasurer, a general manager, or a person authorized by the

corporation to receive service of process;

(c) If the corporation is a bank, to a cashier or assistant

cashier or to a person specified in subdivision (a) or (b); or

(d) When authorized by any provision in Section 1701, 1702, 2110

or 2111 of the Corporations Code (or Sections 3301 to 3303,

inclusive, or Sections 6500 to 6504, inclusive, of the Corporations

Code as in effect on December 31, 1976, with respect to corporations

to which they remain applicable), as provided by such provision.

416.20. 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:

(a) To a person who is a trustee of the corporation and of its

stockholders or members; or

(b) When authorized by any provision in Sections 2011 or 2114 of

the Corporations Code (or Sections 3301 to 3303, inclusive, or

Sections 6500 to 6504, inclusive, of the Corporations Code as in

effect on December 31, 1976, with respect to corporations to which

they remain applicable), as provided by such provision.

416.30. A summons may be served on a joint stock company or

association by delivering a copy of the summons and of the complaint

as provided by Section 416.10 or 416.20.

416.40. A summons may be served on an unincorporated association

(including a partnership) by delivering a copy of the summons and of

the complaint:

(a) If the association is a general or limited partnership, to the

person designated as agent for service of process as provided in

Section 24003 of the Corporations Code or to a general partner or the

general manager of the partnership;

(b) If the association is not a general or limited partnership, to

the person designated as agent for service of process as provided in

Section 24003 of the Corporations Code or to the president or other

head of the association, a vice president, a secretary or assistant

secretary, a treasurer or assistant treasurer, a general manager, or

a person authorized by the association to receive service of process;

(c) When authorized by Section 15700 or 24007 of the Corporations

Code, as provided by the applicable section.

416.50. (a) A summons may 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.

(b) As used in this section, “public entity” includes the state

and any office, department, division, bureau, board, commission, or

agency of the state, the Regents of the University of California, a

county, city, district, public authority, public agency, and any

other political subdivision or public corporation in this state.

416.60. A summons may be served on a minor by delivering a copy of

the summons and of the complaint to his 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 such minor or with whom he resides or by whom he is employed, and

to the minor if he is at least 12 years of age.

416.70. A summons may 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 guardian, conservator, or similar fiduciary and to such person,

but, for good cause shown, the court in which the action is pending

may dispense with delivery to such person.

416.80. When authorized by Section 11 of the Elections Code, a

summons may be served as provided by that section.

416.90. A summons may be served on a person not otherwise specified

in this article by delivering a copy of the summons and of the

complaint to such person or to a person authorized by him to receive

service of process.

417.10. Proof that a summons was served on a person within this

state shall be made:

(a) If served under Section 415.10, 415.20, or 415.30, by the

affidavit of the person making such service showing the time, place,

and manner of service and facts showing that such service was made in

accordance with this chapter. Such affidavit shall recite or in

other manner show the name of the person to whom a copy of the

summons and of the complaint were delivered, and, if appropriate, his

title or the capacity in which he is served, and that the notice

required by Section 412.30 appeared on the copy of the summons

served, if in fact it did appear.

If service is made by mail pursuant to Section 415.30, proof of

service shall include the acknowledgement of receipt of summons in

the form provided by that section or other written acknowledgment of

receipt of summons satisfactory to the court.

(b) If served by publication pursuant to Section 415.50, by the

affidavit of the publisher or printer, or his foreman or principal

clerk, showing the time and place of publication, and an affidavit

showing the time and place a copy of the summons and of the complaint

were mailed to the party to be served, if in fact mailed.

(c) If served pursuant to another statute of this state, in the

manner prescribed by such statute or, if no manner is prescribed, in

the manner prescribed by this section for proof of a similar manner

of service.

(d) By the written admission of the party.

(e) If served by posting pursuant to Section 415.45, by the

affidavit of the person who posted the premises, showing the time and

place of posting, and an affidavit showing the time and place copies

of the summons and of the complaint were mailed to the party to be

served, if in fact mailed.

(f) All proof of personal service shall be made on a form adopted

by the Judicial Council.

417.20. Proof that a summons was served on a person outside this

state shall be made:

(a) If served in a manner specified in a statute of this state, as

prescribed by Section 417.10, and if service is made by mail

pursuant to Section 415.40, proof of service shall include evidence

satisfactory to the court establishing actual delivery to the person

to be served, by a signed return receipt or other evidence;

(b) In the manner prescribed by the court order pursuant to which

the service is made;

(c) Subject to any additional requirements that may be imposed by

the court in which the action is pending, in the manner prescribed by

the law of the place where the person is served for proof of service

in an action in its courts of general jurisdiction; or

(d) By the written admission of the party.

(e) If served by posting pursuant to Section 415.45, by the

affidavit of the person who posted the premises, showing the time and

place of posting, and an affidavit showing the time and place copies

of the summons and of the complaint were mailed to the party to be

served, if in fact mailed.

417.30. (a) After a summons has been served on a person, the

summons must be returned together with proof of service as provided

in Section 417.10 or 417.20, unless the defendant has previously made

a general appearance.

(b) If a summons is lost after service has been made but before it

is returned, an affidavit of the person who made the service showing

the time, place, and manner of service and facts showing that such

service was made in accordance with this chapter may be returned with

the same effect as if the summons itself were returned.

417.40. Any proof of service which is signed by a person registered

under Chapter 16 (commencing with Section 22350) of Division 8 of

the Business and Professions Code or his employee or independent

contractor shall indicate the county in which he is registered and

the number assigned to him pursuant to Section 22355 of the Business

and Professions Code.