CALIFORNIA RULES OF CIVIL PROCEDURE

Introduction

 

In the state of California, process server licenses are optional. However, the server must be registered and bonded within the state. Also, if an individual server serves more than ten pleadings in a single year, the server is then required by California law to be registered in the county where the service occurs. The registration is statewide, and applicants must be a resident of the State of California for at least one year before filing registration.

 

There is no testing, or educational process serving class. However, every process server applicant is required to post at least a $2,000 bond or cash deposit. Licensed private investigators are exempt from the California registration requirement; however, they are likely not permitted to serve bank levies and similar documents without being registered per the statutory language requiring that a registered process server serve those documents.

Any individual who is at least eighteen years of old, and not associated with the party of the defendant may attempt service of process. Under federal law, Title 18 U.S.C. § 1501, assault on a process server is prohibited. Thus, whoever knowingly and willingly obstructs, resists, or opposes any officer of the United States or other person duly authorized while serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States...shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both.

 

Substitute service is allowed after the third varied attempt. In addition, the substitute service may only occur on any co tenant over the age of eighteen years. A declaration of diligence and declaration of mailing must also be completed if a substitute service occurs. There anon, an extra duplicate set of documents must be mailed to the defendants home address.

 

Law

 

§ 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).(Amended by Stats. 1984, Ch. 191, Sec. 1.)

§ 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. (Added by Stats. 1969, Ch. 1610.)

§ 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. (Added by Stats. 1969, Ch. 1610.)

§ 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 Bus. & Prof.) of Division 8 of the Business and Professions Code. (Added by Stats. 1971, Ch. 1661.)

§ 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. (Added by Stats. 1969, Ch. 1610.)

§ 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. (Amended by Stats. 1976, Ch. 789.)

§ 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.

 

 

 

In California, lobbyists and state officials are always active in transforming laws concerning civil procedure. As a result, state information offered on our website may have been amended recently. For contemporary process serving and civil statutes, visit the official California Judicial System Court website: http://www.courtinfo.ca.gov/