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California Process Server Registered Servers in All 58 Counties, Under Code Civ. Proc. §§ 413.10–417.40

California lets any person who is at least 18 and not a party serve a summons (Code Civ. Proc. § 414.10), and Bus. & Prof. Code § 22350 separately requires a natural person who makes more than 10 paid services a year in the state to register with a county clerk, unless exempt. Served 123 LLC arranges service in all 58 California counties through registered California process servers, with up to three attempts at each address, each attempt logged with date, time and observations. You receive the server’s signed proof of service: Judicial Council form POS-010 for a civil summons and complaint, or the Judicial Council proof form another case type requires.

Questions? Call (800) 321-2377

How California Service of Process Works

  1. 1

    Upload the Papers.

    Send the issued summons, the complaint and any other papers to be served online at any hour, with the California address.

  2. 2

    Approve the Quote.

    You see the cost and turnaround for that county in writing, and nothing begins until you approve.

  3. 3

    We Serve. You Get the Proof.

    You receive the completed Proof of Service of Summons (POS-010 in a civil case; the required Judicial Council proof form otherwise), signed by the server under penalty of perjury. Proof of service must be filed unless the defendant has previously made a general appearance (§ 417.30).

What to Have Ready

  • Any attempts already madesubstituted service needs reasonable diligence first
  • Gate or building accessentry requires ID and proof of process server registration
  • When you filedRule 3.110 wants the proofs on file within 60 days
  • Unlawful detainer casesthe prejudgment claim of right goes by marshal, sheriff or registered server

Who We Serve in California

  • Individualsin person, or by substituted service at home or work when diligence fails Code Civ. Proc. § 415.20(b)
  • Corporationsthe designated agent, or the president, an officer or a general manager Code Civ. Proc. § 416.10
  • LLCsthe agent the company designated for service of process Corp. Code § 17701.16(b)
  • Gated communitiesa registered server gets access for a reasonable time Code Civ. Proc. § 415.21

California Service of Process Order

Request a free written quote. Each address starts in California. Serving someone in another state? Change the first address’s State and we take you to that state’s page with your entries kept.

California Quick Answers

Who can serve a summons in California?
Any person at least 18 who is not a party; a person serving more than 10 a year for pay must register. Code Civ. Proc. § 414.10; Bus. & Prof. Code § 22350(a) More
How long do I have to serve in California?
Serve every named defendant and file the proofs within 60 days after the complaint is filed. Cal. Rules of Court, rule 3.110(b) More
What must the proof of service show?
The server's affidavit of the time, place and manner of service and the name of the person who received the papers. Code Civ. Proc. § 417.10(a) More
Map of California’s 58 countiesAlameda CountyAlpine CountyAmador CountyButte CountyCalaveras CountyColusa CountyContra Costa CountyDel Norte CountyEl Dorado CountyFresno CountyGlenn CountyHumboldt CountyImperial CountyInyo CountyKern CountyKings CountyLake CountyLassen CountyLos Angeles CountyMadera CountyMarin CountyMariposa CountyMendocino CountyMerced CountyModoc CountyMono CountyMonterey CountyNapa CountyNevada CountyOrange CountyPlacer CountyPlumas CountyRiverside CountySacramento CountySan Benito CountySan Bernardino CountySan Diego CountySan Francisco CountySan Joaquin CountySan Luis Obispo CountySan Mateo CountySanta Barbara CountySanta Clara CountySanta Cruz CountyShasta CountySierra CountySiskiyou CountySolano CountySonoma CountyStanislaus CountySutter CountyTehama CountyTrinity CountyTulare CountyTuolumne CountyVentura CountyYolo CountyYuba County
All 58 California counties covered

Where We Serve in California

58Counties Covered
Up to 3Attempts Per Address
Same-DayRush Available
NAPPSMember Since 2023

California’s 60-Day Rule and the Three-Year Limit

California Rules of Court, rule 3.110(b), has the complaint served on every named defendant, and the proofs of service filed with the court, within 60 days after the complaint is filed. A defendant added by an amended complaint gets 30 days from the amendment’s filing.

Rule 3.110 does not govern collections cases under rule 3.740(a), which have 180 days to serve and file proofs or obtain an order for publication, unlawful detainer actions, Family Code proceedings, or other proceedings with their own service requirements by law.

Serve and file proof within
60 Days
Counted from the filing of the complaint. The court may extend the time; an application to extend must be filed before the time runs out, with a declaration documenting the efforts made. If a party fails to serve and file as the rule requires and has no extension order, the court may issue an order to show cause why sanctions shall not be imposed.
Separately, Code Civ. Proc. § 583.210 requires service within three years after the complaint is filed and proof filed within 60 days after that, and § 583.250 requires dismissal when service is not made in time, except as a statute expressly provides. General information, not legal advice.

California Service Rules in Brief

These rules decide who may serve in California, how long you have and how service is proved.

60 daysTo serve named defendants and file proofs after the complaint is filedRule 3.110(b)
18+Minimum age of anyone who serves a summons, who must not be a partyCode Civ. Proc. § 414.10
3 yearsOuter limit to serve after filing; dismissal if missed, save statutory exceptionsCode Civ. Proc. §§ 583.210, 583.250
A summons may be served by any person who is at least 18 years of age and not a party to the action.
Cal. Code Civ. Proc. § 414.10
Who may serve
Any person who is at least 18 years of age and not a party to the action. In an unlawful detainer case, the prejudgment claim of right to possession served under § 415.46 must be served by a marshal, a sheriff or a registered process server. The sheriff serves all process and notices in the manner prescribed by law (Gov. Code § 26608), and any duly qualified and acting marshal or sheriff of any county may serve the writs, notices and other process superior courts issue in civil actions, subject to the Code of Civil Procedure (Gov. Code § 26665).
Code Civ. Proc. §§ 414.10, 415.46(b); Gov. Code §§ 26608, 26665
Personal delivery
The server hands a copy of the summons and of the complaint to the person to be served, and service is complete at the time of delivery (§ 415.10). The delivery date is entered on or affixed to the face of the copy of the summons when it is handed over, though a summons served without that date is still valid and effective. A person not covered by another section of the article is served by delivery to that person or to someone the person authorized to receive service of process (§ 416.90).
Code Civ. Proc. §§ 415.10, 416.90
Registration
A natural person who makes more than 10 services of process in California in one calendar year for compensation directly attributable to the service must file and maintain a verified certificate of registration with the county clerk where the person resides or has a principal place of business. A corporation or partnership that derives or expects compensation from service of process in California must also register, in the county of its principal place of business.
Bus. & Prof. Code § 22350(a)
Who is exempt
A sheriff, marshal or government employee acting within the course and scope of employment; an attorney or the attorney’s employees serving process in cases where the attorney provides legal services; a person specially appointed by a court to serve its process; a private investigator holding a state license, or that investigator’s employees; and a registered professional photocopier, or its employee, whose only service is of records subpoenas naming that photocopier to copy the records.
Bus. & Prof. Code § 22350(b)⁠(1)–⁠(5)
What registering involves
For a natural person: one year of California residence immediately before filing, a statement under penalty of perjury about felony convictions, Live Scan fingerprints to the Department of Justice and the FBI, and a surety bond or a cash or money order deposit in its place. Registration lasts two years or until the bond expires, whichever comes first, and the county clerk assigns a number and issues an identification card.
Bus. & Prof. Code §§ 22351(a), 22351.5(a), 22353(a), 22354, 22355(a)
Unregistered service
A service that complies with the service chapter is not rendered invalid or ineffective because the person who made it violated the registration chapter.
Code Civ. Proc. § 413.40
Registered server’s return
Establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.
Evid. Code § 647
Registration number on a proof
A proof of service signed by a registrant shows the county where the registrant is registered and the number assigned under § 22355 (§ 22360). A proof signed by an independent contractor of a registrant states that it was signed as an independent contractor of a registered process server and shows the county of registration and the § 22355 number of both the contractor and the registered entity (§ 22356.5(a)).
Bus. & Prof. Code §§ 22356.5(a), 22360
Time to serve
Serve all named defendants and file proofs of service within 60 days after the complaint is filed; 30 days after an amended complaint that adds a defendant. Unlawful detainer, Family Code proceedings and proceedings with their own service rules fall outside rule 3.110. A collections case is exempt from rule 3.110(b)’s time for service and instead has 180 days to serve all named defendants and file the proofs, or to obtain an order for publication of the summons.
Cal. Rules of Court, rules 3.110(a)–⁠(b), 3.740(c)–⁠(d)
Outer limit
Service within three years after the complaint is filed, and proof of service filed within 60 days after that time. If service is not made in time, the action must be dismissed, except as a statute expressly provides, such as a general appearance, a written stipulation, or excluded periods.
Code Civ. Proc. §§ 583.210, 583.220–⁠583.250
Response time
The summons directs the defendant to file a written response within 30 days after the summons is served.
Code Civ. Proc. § 412.20(a)⁠(3)
Publication
By court order, on an affidavit showing the party cannot with reasonable diligence be served in another manner under the article, and that a cause of action exists against the party (or the party is necessary or proper) or the party claims an interest in California property involved. The summons is published in a named California newspaper, once a week for four successive weeks; service is deemed complete as Gov. Code § 6064 provides, under which the notice period ends at the end of the 28th day, counting the first day of publication. To establish that diligence, the court may not require a search of public databases where a registered process server’s access to residential addresses is prohibited by law or by the agency’s published policy, including voter registration rolls and Department of Motor Vehicles records (§ 415.50(e)). Service made in another authorized manner despite the order supersedes the published summons (§ 415.50(d)). Proof is the affidavit of the publisher or printer, or its foreperson or principal clerk, showing the time and place of publication, plus an affidavit of the time and place a copy was mailed to the party, if it was mailed (§ 417.10(b)).
Code Civ. Proc. §§ 415.50, 417.10(b); Gov. Code § 6064
Court-directed service
If no statute provides a method, or a plaintiff exercising reasonable diligence cannot serve by any authorized method, the court may on motion direct service reasonably calculated to give actual notice, including by email or other electronic technology. The motion must detail all attempts by each statutory method at every address where the defendant is likely to be found. It is not available against a governmental entity or its agents or employees. In an unlawful detainer of real property, the court may order the summons posted on the premises, on an affidavit that the party cannot with reasonable diligence be served in any manner in the article other than publication and that a cause of action exists against the party or the party claims an interest in the real property, with a copy of the summons and complaint mailed by certified mail to the party’s last known address; that service is complete on the 10th day after posting and mailing (§ 415.45).
Code Civ. Proc. §§ 413.30 (as amended effective January 1, 2026), 415.45
Form POS-010 items
POS-010 [Rev. January 1, 2007] calls for a separate proof of service for each party served. The server states being at least 18 and not a party (item 1), names the party as shown on the documents served (item 3a) and the address of service (item 4), and records how the Notice to the Person Served on the summons was completed: as an individual defendant, under a fictitious name, as occupant, or on behalf of an entity under the Code of Civil Procedure section checked (item 6). For substituted service the server states that copies were then mailed first-class, postage prepaid, to the place where they were left, and attaches a declaration of diligence stating the actions taken first to attempt personal service (item 5b). Item 7 identifies the person who served as not a registered California process server, exempt from registration under Bus. & Prof. Code § 22350(b), or a registered California process server, marked owner, employee or independent contractor, with registration number and county. A California sheriff or marshal certifies the proof (item 9) in place of the penalty-of-perjury declaration (item 8).
Judicial Council form POS-⁠010
Subpoena witnesses: minors, records, affidavits
A subpoena for a minor is served on the minor’s parent, guardian, conservator or similar fiduciary or, if none of them can be located with reasonable diligence, on a person who has the care or control of the minor, with whom the minor resides or by whom the minor is employed, and on the minor too if 12 years of age or older (§ 1987(a)). A deposition witness receives the same fees and mileage as a witness attending court, but a witness producing business records under a subpoena duces tecum who need not attend a deposition away from the place of business is owed only the Evid. Code § 1563 fees (§ 1986.5). A deposition subpoena that does not require the personal attendance of a custodian of records or other qualified person must be accompanied, whether or not demanded, by the Evid. Code § 1563(b)(6) witness fee in cash or by check (§ 2020.230(b)). A subpoena duces tecum is invalid unless a copy of the affidavit on which it is based is served with it (§ 1987.5); that rule does not apply to deposition subpoenas commanding only the production of business records for copying under § 2020.410 and the sections after it.
Code Civ. Proc. §§ 1986.5, 1987(a), 1987.5, 2020.230(b)
Weekends and holidays
Every Sunday and each judicial holiday is a holiday under the Code of Civil Procedure, and a deadline that ends on one runs to the next day that is not a holiday. The Saturday-afternoon public office holiday does not prevent or invalidate service of legal process, and injunctions and writs of prohibition may be issued and served on any day. An act required by law on a particular day or within a specified period may be performed on a Saturday, though it need not be, with like effect as on a day that is not a holiday (§ 13b).
Code Civ. Proc. §§ 10, 12a, 13b, 134(b); Gov. Code § 6702

Rules current as of October 2026, from the official texts listed below. Code of Civil Procedure §§ 10–13b, 133–135, 410.10–417.40, 583.110–583.430, 585–587.5, 1985–1997, 2015.5, 2020.210–2020.240 and 2029.100–2029.900; Business and Professions Code §§ 22350–22360; Evidence Code § 647; Corporations Code §§ 1700–1702, 2110–2114 and 17701.13–17701.16; Government Code §§ 6064, 6700–6730, 26608, 26660, 26665 and 68093; California Rules of Court, rules 3.110 and 3.740; and Judicial Council form POS-010. General information, not legal advice. The official text controls.

Service Methods Under Article 3 and Beyond

Every California route in this table runs through one Served 123 order: personal and substituted delivery, corporations, partnerships, minors and wards, the Secretary of State for business entities, publication, unlawful detainer posting, and defendants in other states or countries. Sheriffs, marshals and the mailed acknowledgment form sit outside it.

You want the summons and complaint handed to the defendant, up to three attempts per address, each attempt logged
Personal deliveryServed 123
§ 415.10
An individual cannot with reasonable diligence be handed the papers, or the only known address is a private mailbox at a commercial mail receiving agency
Substituted service and mailingServed 123
§ 415.20(b), (c)
The defendant is a corporation, partnership, association or public entity; papers may also be left with the person apparently in charge during usual office hours, then mailed
Agent or officerServed 123
§§ 416.10–⁠416.50,
415.20(a)
A foreign corporation has an officer or general manager in California
Hand delivery to that officer or general managerServed 123
Corp. Code § 2110
A business organization of unknown form, other than a corporation with a registered agent on file with the Secretary of State
Papers left at its office, then mailedServed 123
§ 415.95
The defendant is a minor, a ward or a conservatee
The parent, guardian, conservator or similar fiduciary, and the minor too if 12 or olderServed 123
§§ 416.60, 416.70
A corporation’s agent cannot be found, has resigned, or none was designated (foreign corporations: Corp. Code § 2111; LLCs: § 17701.16(c))
Secretary of StateServed 123
Corp. Code § 1702
The party cannot with reasonable diligence be served in another Article 3 manner
Publication, by court orderServed 123
§ 415.50
An unlawful detainer defendant cannot with reasonable diligence be served another way, or gave a notice of intent not to abandon
Posting by court order, or certified mail in the limited § 415.47 caseServed 123
§§ 415.45, 415.47
The defendant is outside California and jurisdiction exists under § 410.10: any California method, the law of the place of service, or first-class mail with a return receipt
Out-of-state methodsServed 123
§§ 413.10, 415.40
The defendant is outside the United States
As the chapter or the court directs, subject to the Hague Service ConventionServed 123
§ 413.10(c)
No statute provides a method, or every authorized method has failed despite reasonable diligence; the order may allow email
Court-directed serviceServed 123
§ 413.30

Every route above, one order.

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Other routes: sheriff or marshal, and acknowledgment (2)
You would rather send process to a sheriff or marshal
A marshal or sheriff of any county
Gov. Code
§§ 26608,
26665
The defendant is likely to sign and return an acknowledgment
Notice and acknowledgment
§ 415.30

When a summons is served by mail under the chapter, the general extensions of time for mail service do not extend any time the jurisdiction and service title sets (§ 413.20).

Proof of Service on Form POS-010

Code Civ. Proc. § 417.10(a) sets the content of proof for personal, substituted and notice-and-acknowledgment service, and § 417.10(f) requires proof of personal service on a Judicial Council form. For a civil summons and complaint, that form is POS-010, Proof of Service of Summons, with a separate proof for each party served; other case types use the Judicial Council proof form that case requires.

The POS-010 we send you, signed by the server, carries each item below that applies.

  1. 1The party served and, where someone accepts for an entity, that person’s name and title or capacity.
  2. 2The time, place and manner of service, with the address.
  3. 3For substituted service, who received the papers, the mailing, and a declaration of diligence.
  4. 4How the § 412.30 notice to the person served was completed on the summons.
  5. 5The server’s status: not registered, exempt under § 22350(b), or registered, with the county and number.
  6. 6A declaration under penalty of perjury, dated and signed, as § 2015.5 allows.

From January 1, 2027, under Assembly Bill 747, proofs of personal, substituted and posted service must also include stamped photographs of the site of each effected or attempted service, with narrow exceptions (§ 417.10(a)(1)–(5)), and a proof signed by a person required to register must show the number the county clerk assigned (§ 417.40).

How California Service Works With Us

For firms, corporate legal departments, agencies and self-represented litigants with a defendant to serve in California.

  1. 1

    Upload the Papers

    Send the issued summons, the complaint and any other papers to be served online at any hour, with the California address.

  2. 2

    Approve the Quote

    You see the cost and turnaround for that county in writing, and nothing begins until you approve.

  3. 3

    Up to Three Attempts

    A registered California process server makes up to three attempts at each address, each logged with date, time and observations.

  4. 4

    Signed POS-010

    You receive the completed Proof of Service of Summons (POS-010 in a civil case; the required Judicial Council proof form otherwise), signed by the server under penalty of perjury. Proof of service must be filed unless the defendant has previously made a general appearance (§ 417.30).

Turnaround in California

Routine
First attempt in 5-7 business days. Our standard turnaround.
Preferred
First attempt in 2-3 business days. Priority over standard orders.
Next-Day
First attempt within 2 business days. For deadlines already close.
Same-Day
First attempt the same business day. Plus a same-day rush charge.

Every California Order Includes

  • Up to three attempts at each California address (each address is a separate service)
  • A signed POS-010 for a civil summons and complaint (or the Judicial Council proof form another case type requires) showing the § 417.10 details and the server’s registration status
  • From January 1, 2027, date-, time- and location-stamped site photographs with proofs of service (AB 747, § 417.10(a)(1)), or the statement § 417.10(a)(1)(B) or (a)(4) allows
  • Skip tracing available for $55 if the address turns out to be bad

What You Get Back

  • Photos from each attempt
  • The date, time and place of every visit
  • A full report of the attempts if service is not made
Get a Free Quote Online →Upload whenever it suits you, day or night.

All 58 California Counties

Alphabetically from Alameda to Yuba. Search for your county or tap it on the map to begin a quote.

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California Service of Process: Questions

Each answer cites the California code section or Rule of Court it comes from. General information, not legal advice.

Does a California process server need a county clerk registration under Bus. & Prof. Code § 22350, and who else may serve under Code Civ. Proc. § 414.10?

Anyone at least 18 years of age and not a party to the action may serve a summons (Code Civ. Proc. § 414.10). Registration is a separate duty: a natural person who makes more than 10 services of process in California during one calendar year, for compensation directly attributable to the service, must file and maintain a verified certificate of registration with the county clerk of the county where the person resides or has a principal place of business (Bus. & Prof. Code § 22350(a)). The chapter does not reach sheriffs, marshals and government employees acting within their employment, attorneys and their employees serving process in cases the attorney handles, persons a court specially appoints to serve its process, private investigators holding a state license and their employees, or a registered professional photocopier whose only service is of records subpoenas naming it to copy the records (§ 22350(b)). A violation of the chapter is a misdemeanor (§ 22359), yet a service that complies with the Code of Civil Procedure is not invalid or ineffective because the person who made it violated the registration chapter (Code Civ. Proc. § 413.40). A registered server’s return establishes a presumption, affecting the burden of producing evidence, of the facts stated in it (Evid. Code § 647). Under Code Civ. Proc. § 415.21, a gated community or covered multifamily dwelling staffed at the time by a guard or other security personnel must grant access for a reasonable period of time, for the sole purpose of serving process or a subpoena, to a person who displays a current driver’s license or other identification and one of the listed items, among them evidence of current registration as a process server.

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When may papers be left at a home, office or mailing address under Code Civ. Proc. § 415.20, and when is that service complete?

For a defendant served under §§ 416.60, 416.70, 416.80 or 416.90, an individual included, the papers may be left only if the summons and complaint cannot with reasonable diligence be personally delivered. They may then be left at the 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 the office, place of business or mailing address, at least 18 years of age, who is informed of the contents, and a copy is then mailed first-class, postage prepaid, to the person at the place where the papers were left (§ 415.20(b)). For a corporation, an association, a public entity or another defendant served through a person named in §§ 416.10–416.50, the papers may be left during usual office hours in that person’s office or, if no physical address is known, at the usual mailing address other than a post office box, with the person apparently in charge, then mailed the same way; at a mailing address the person receiving them must be at least 18 and informed of the contents (§ 415.20(a)). Either way, service is deemed complete on the 10th day after the mailing. If the only address reasonably known is a private mailbox at a commercial mail receiving agency, service may be made on the first delivery attempt by leaving the papers with the agency as Bus. & Prof. Code § 17538.5(d) describes (§ 415.20(c)). This version of § 415.20 remains in effect only until January 1, 2027.

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What does Assembly Bill 747 change for California substituted service and proofs of service on January 1, 2027?

Assembly Bill 747 (Stats. 2025, ch. 563) replaces several sections on that date. For substituted service, a party shows reasonable diligence by attempting personal delivery, in good faith, on at least three occasions on three different days at three different times, with one at the dwelling in a consumer-debt action if it is known or could be determined with reasonable effort (§ 415.20(b)(2)–(3)), and the follow-up copy may go by first-class mail, Priority Mail with tracking, or Certified Mail with return receipt requested (§ 415.20(b)(1)). A proof of service for personal, substituted or posted service must include one or more photographs of the site of each effected or attempted service, each carrying a readable stamp that automatically records the date, time and location coordinates; at a home or business at least one photograph must show the door, or the entrance if the door is not reasonably accessible, with an explanation (§ 417.10(a)(1)–(2)). A detailed statement takes the place of the stamp where no signal is available, and of the photograph where taking one would compromise the server’s safety (§ 417.10(a)(1)(B), (a)(4)). A proof signed by a person required to register must show the number the county clerk assigned (§ 417.40), and in actions not arising on a contract or judgment for money or damages only, the clerk enters a default on the plaintiff’s written application and proof of service of the summons (§ 585(b)). If substituted service may be needed, tell us when you order so the attempts can fall on different days and at different times where timing allows.

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How does a Notice and Acknowledgment of Receipt under Code Civ. Proc. § 415.30 work, and what if the defendant ignores it?

The summons and complaint are mailed by first-class mail or airmail, postage prepaid, with two copies of the notice and acknowledgment set out in § 415.30(b) and a postage-prepaid return envelope addressed to the sender (§ 415.30(a)). Service is deemed complete on the date the written acknowledgment of receipt is executed, if it is then returned to the sender (§ 415.30(c)), and the proof of service includes that acknowledgment or another written acknowledgment satisfactory to the court (§ 417.10(a)). If the person does not complete and return the form within 20 days from the mailing, that party is liable for the reasonable expenses afterwards incurred in serving or attempting to serve by another method the chapter permits, and, except for good cause shown, the court on motion, with or without notice, shall award those expenses (§ 415.30(d)). Proof may also be made by the written admission of the party (§ 417.10(d)), and a general appearance by a party is equivalent to personal service of summons on that party (§ 410.50(a)).

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Who receives the summons for a corporation under Code Civ. Proc. § 416.10, and when may California’s Secretary of State be served under Corp. Code §§ 1702 and 2111?

Under § 416.10, the papers go to the agent designated for service of process under Corp. Code §§ 202, 1502, 2105 or 2107; to the president, chief executive officer or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person the corporation authorized to receive service; and, if the corporation is a bank, also to a cashier or assistant cashier. Section 415.20(a) also allows leaving them during usual office hours in the office of the person to be served with the person apparently in charge, then mailing a copy; service is complete on the 10th day after the mailing. The copy served must carry the § 412.30 notice to the person served, or no default may be taken against the corporation. A foreign corporation is validly served by hand delivery to any officer or its general manager in California (for a bank, a cashier or an assistant cashier), to a natural person it designated as agent, or, if it designated a corporate agent, to any person named in that agent’s latest § 1505 certificate (Corp. Code § 2110). When a domestic corporation’s agent has resigned without replacement, cannot with reasonable diligence be found at the designated address, or was never designated, and an affidavit shows to the court’s satisfaction that the process cannot be served with reasonable diligence on the agent by hand under Code Civ. Proc. §§ 415.10, 415.20(a) or 415.30(a), or on the corporation under § 416.10(a), (b) or (c) or § 416.20(a), the court may order hand delivery to the Secretary of State of one copy of the process for each defendant with a copy of the order, complete on the 10th day after delivery (Corp. Code § 1702(a)). The Secretary of State forwards it by registered mail with request for return receipt to the principal office, or, if its records show no principal office address, to the last designated agent who has not resigned, and the Secretary of State’s certificate is prima facie evidence of receipt, notice and forwarding (§ 1702(b)–(c)). For a foreign corporation, § 2111(a) allows the order when its natural-person agent cannot be found with due diligence, no one can be found for delivery to its corporate agent, the agent is no longer authorized to act, or none was designated and no § 2110 officer or agent can be found after diligent search, shown by affidavit; the order calls for two copies of the process and of the order, or one of each with an address for forwarding if the corporation never filed its § 2105 statement. The summons gives 30 days after service to file a written response (Code Civ. Proc. § 412.20(a)(3)).

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How are an LLC, a partnership or a business of unknown form served under Corp. Code § 17701.16 and Code Civ. Proc. §§ 416.40 and 415.95?

Corp. Code § 17701.16 adds to the Code of Civil Procedure methods: personal delivery to an individual the LLC or foreign LLC designated as agent or, if the designated agent is a corporation, to any person named in that corporate agent’s latest § 1505 certificate at the corporate agent’s office is valid service (§ 17701.16(a)–(b)). If the agent has resigned without replacement or cannot with reasonable diligence be found at the designated address, and an affidavit shows to the court’s satisfaction that the process cannot be served with reasonable diligence on the agent by hand under Code Civ. Proc. §§ 415.10, 415.20(a) or 415.30(a), the court may order hand delivery to the Secretary of State of one copy for each defendant with a copy of the order, for a domestic or registered foreign LLC, complete on the 10th day after delivery (§ 17701.16(c)). A general or limited partnership is served through the agent named in a statement filed with the Secretary of State, a general partner or the general manager; another unincorporated association through its agent so named, its president or other head, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person it authorized to receive service (Code Civ. Proc. § 416.40(a)–(b)). A business organization of unknown form may be served by leaving the papers during usual office hours with the person apparently in charge of its office and then mailing a copy first-class, postage prepaid, to the place where they were left, complete on the 10th day after the mailing; that method is not valid for a corporation with a registered agent for service of process listed with the Secretary of State (§ 415.95).

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How are a minor, a conservatee and a public entity, the State of California included, served under Code Civ. Proc. §§ 416.50–416.70?

A minor: deliver the summons and complaint to a parent, guardian, conservator or similar fiduciary or, if none can be found with reasonable diligence, to a person who has the care or control of the minor, with whom the minor resides or by whom the minor is employed, and also to the minor if at least 12 years of age (§ 416.60). A person other than a minor who has a guardian, conservator or similar fiduciary: deliver to the fiduciary and to the person, though for good cause shown the court may dispense with delivery to the person (§ 416.70). A public entity: deliver to the clerk, secretary, president, presiding officer or other head of its governing body (§ 416.50(a)). Section 416.50(b) defines a public entity to include 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 California. Court-directed service under § 413.30 is not available in an action against a governmental entity, or its agent or employee sued in an official or individual capacity (§ 413.30(b)).

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What happens if California service misses rule 3.110’s 60 days or the three years of Code Civ. Proc. § 583.210?

Rule 3.110(b) of the California Rules of Court requires the complaint to be served on all named defendants, and proofs of service filed, within 60 days after the complaint is filed, and a defendant added by amendment to be served, with proof filed, within 30 days after the amended complaint is filed. The court may extend or otherwise modify those times on its own motion or on a party’s application, which must be filed before the time for service has elapsed, with a declaration showing why service has not been completed, the efforts made, and the date by which service is proposed to be completed (rule 3.110(e)). Without an extension order, the court may issue an order to show cause why sanctions shall not be imposed (rule 3.110(f)). The rule does not apply to collections cases under rule 3.740(a), unlawful detainer actions, Family Code proceedings, or proceedings with different service requirements prescribed by law; a collections case has 180 days to serve and file proofs or to obtain an order for publication (rule 3.740(d)). The outer limit is statutory: service within three years after the complaint is filed (Code Civ. Proc. § 583.210(a)), or the action shall not be further prosecuted and shall be dismissed by the court on its own motion or on motion of any interested person, after notice to the parties (§ 583.250(a)). That limit is mandatory and not subject to extension, excuse or exception except as a statute expressly provides (§ 583.250(b)): the parties may extend it by written stipulation (§ 583.230(a)); time is excluded while the defendant was not amenable to the court’s process, a stay affected service, the validity of service was being litigated, or service was impossible, impracticable or futile for causes beyond the plaintiff’s control (§ 583.240); and it does not apply once the defendant enters into a written stipulation or does another act that constitutes a general appearance (§ 583.220).

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Can a defendant in another state or country be served under Code Civ. Proc. §§ 415.40 and 413.10?

Yes. Section 415.40 allows service on a person outside California in any manner the article provides, or by first-class mail, postage prepaid, requiring a return receipt, deemed complete on the 10th day after mailing. Proof of that mailing must include evidence satisfactory to the court establishing actual delivery to the person to be served, by a signed return receipt or other evidence (§ 417.20(a)). Elsewhere in the United States, service may follow the California chapter or the law of the place where the person is served (§ 413.10(b)), and proof may follow that place’s law for proof of service in its courts of general jurisdiction, subject to any added requirements of the court where the action is pending (§ 417.20(c)). Outside the United States, service may be made as the chapter provides or as the court directs, or, if the court finds it reasonably calculated to give actual notice, as the law of the place prescribes or as the foreign authority directs in response to a letter rogatory, all subject to the Hague Service Convention (§ 413.10(c)). When a summons is served by mail under the chapter, the time extensions of § 1013 do not extend any time specified in that title of the Code (§ 413.20). A California court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States (§ 410.10).

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Who may serve a California subpoena under Code Civ. Proc. §§ 1987 and 2020.220, and what witness fee goes with it?

Any person may serve a subpoena (§ 1987(a)). Except as Gov. Code §§ 68097.1–68097.8 provide, it is served by delivering a copy, or a ticket containing its substance, to the witness personally, giving or offering at the same time, if the witness demands them, the fees for travel to and from the place designated and one day’s attendance there, and it must be served so as to allow the witness a reasonable time for preparation and travel to the place of attendance. A deposition subpoena may likewise be served by any person, by personal delivery of a copy to the deponent or, for an organization, to any officer, director, custodian of records, or agent or employee authorized by the organization to accept service of a subpoena (§ 2020.220(b)). If a deposition subpoena requires the deponent’s personal attendance, the party noticing the deposition pays the deponent, in cash or by check, the witness fee and mileage required for attendance and testimony before the court where the action is pending, whether or not the deponent demands it, at that party’s option either when the subpoena is served or when the deponent attends to testify (§ 2020.230(a)). For a civil action or proceeding in the superior courts, Gov. Code § 68093 sets the daily witness fee and the mileage actually traveled, both ways, except as otherwise provided by law. A witness is not obliged to attend unless a resident of California at the time of service (§ 1989).

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How does a superior court clerk issue a subpoena under Code Civ. Proc. § 2029.300, and when may a California attorney issue it under § 2029.350?

California’s Interstate and International Depositions and Discovery Act, Code Civ. Proc. §§ 2029.100 through 2029.900, has a party submit the foreign subpoena to the clerk of the superior court in the county where discovery is sought, with a Judicial Council application; the request is not an appearance in California courts (§ 2029.300(a)–(b)). An active California attorney retained by a party may instead issue the subpoena (§ 2029.350(a)), subject to the limits in § 2029.350(b)–(c): no subpoena based on another state’s law interfering with gender-affirming health care or gender-affirming mental health care, and none relating to a foreign penal civil action that would require disclosure of information related to sensitive services. Section 2029.300(e) bars issuance in certain cases. The California subpoena must be personally served in compliance with California law (§ 2029.400).

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What must form POS-010 show, and can a California clerk enter a default before proof of service is filed (Code Civ. Proc. §§ 417.10, 417.30, 585)?

For personal, substituted or notice-and-acknowledgment service, Code Civ. Proc. § 417.10(a) requires the server’s affidavit showing the time, place and manner of service, facts showing compliance with the chapter, the name of the person who received the papers and, if appropriate, that person’s title or capacity, and whether the § 412.30 notice appeared on the summons. Proof of personal service must be made on a Judicial Council form (§ 417.10(f)); that form is POS-010, Proof of Service of Summons, adopted for mandatory use, which the server signs under penalty of perjury as Code Civ. Proc. § 2015.5 allows. A proof signed by a registered process server, or the server’s employee or independent contractor, must show the county of registration and the registration number (§ 417.40). Under § 417.30, proof of service must be filed unless the defendant has already made a general appearance, and § 583.210(b) requires it within 60 days after the time the summons and complaint must be served. In an action arising upon contract or judgment for the recovery of money or damages only, where the defendant was served other than by publication and no answer, demurrer or listed motion was filed within the time in the summons, the clerk enters the default on the plaintiff’s written application and proof of the service of summons (§ 585(a)).

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