Process serving is a crucial part of litigation, ensuring that defendants are properly notified of any pending legal action against them. Cases cannot move forward, and in some instances may be dismissed, if proper service is not effected in a timely manner. In California, the procedures for serving documents are outlined in the California Code of Civil Procedure (CCP). This article will provide a brief overview of the different procedures for serving all manner of entities, as well as some common errors to avoid ensuring compliance with the CCP.
Serving Individuals:
Serving an individual defendant involves delivering legal documents directly to said defendant. Per CCP § 415.10, personal service is effected when a copy of the documents is delivered directly to the person to be served. If personal service is not possible, CCP § 415.20 dictates that substitute service can be effected by leaving the documents with someone over the age of 18 at the defendant’s home, work, or mailing address and mailing a copy to that address.
However, serving individual defendants can be fraught with complications. Even in instances where their home or work address is confirmed, substitute service is not considered effective until the server has made at least three different attempts on three different days at three different times (morning, afternoon, evening). If the server receives no confirmation as to the validity of the address at which they are attempting service, any subsequent sub-service may also be considered improper by the court itself. Generally speaking, personal service is the only fool-proof means of service for any individual defendant; meaning things like skip traces, stakeouts, and internet sleuthing may be necessary in order to catch adverse defendants off guard.
In spite of all of this, there may still be instances where the sub-service of an individual defendant is considered ‘Proper’ on the first attempt.
Serving Public Entities:
When it comes to proper service, Public Entities are simultaneously simple and tricky. CCP § 416.50 outlines the process for serving public entities, where delivering documents to any clerk, secretary, or agency head is considered personal service. For state agencies, personal service may also be effected by serving the Attorney General’s office. Because most public entities have legal departments, service to anyone in said department will be considered personal service by the courts no matter the position of the servee.
This is where it gets tricky. Per CCP § 416.90, individual defendants with a connection to the public entity in question, such as board members or executives, may also be personally served through the entity’s legal department because said department has been designated to process any and all legal claims targeted at the entity or its members. Individuals that are not directly tied to the entity in a managerial capacity must be served like any other individual defendant.
Serving Corporations:
Serving a corporate entity involves delivering documents to an agent authorized to receive service. According to CCP § 416.10, authorized parties include the corporation’s registered agent, president, or C-level executive. If no such agent is available or listed, documents may still be sub-served on the first attempt if the address is correct, given the reasonable expectation that any company employee will forward the documents to the relevant parties. As always, for sub-service to be considered ‘proper’ the documents must be mailed to the business’ address as well.
Unlike public entities, individual defendants cannot be sub-served on the first attempt; even if they are being sued for operating in their capacity as members of said corporation. However, it is possible that a receptionist or clerk may agree to receive service on behalf of said individual defendant. In that instance, sub-service will also be considered effective pursuant to CCP 415.20(a).
Serving Form-Unknown Business Organizations:
When the exact nature or identity of a business is unknown, service can be challenging. Per CCP § 415.95, all form-unknown business organizations must be sub-served by leaving the documents in the presence of the party that is apparently in charge. For this to be considered ‘proper’ the business itself must also be identified in some capacity (either verbally or visually). Service in this manner is considered complete on the 10th day after the documents have been mailed.
Process serving is a vital and necessary component to litigation, but it can also be a massive headache. The requisite adherence to the CCP combined with different rules for different entities may have your head spinning, worrying about whether or not the courts will consider your service ‘proper’. Thankfully, the rules are fairly simple no matter how daunting they may seem. As long as your server approaches each service with a firm understanding as to what the CCP dictates is ‘proper’, then each service will be both effective and stress free. If you have any questions about how Legal Document Server can help you in this regard, feel free to give us a call at (800) 687-5003!
