California Service of Process Rules
California
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve incapacitated individual + care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Facility-specific policy
Service to a minor
Minor, if over 12 + parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Permissible
Government substitute service
Yes, may serve a designated employee
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Required
Minimum age for substitute service
18
Residential substitute service
Permissible
Spousal Service
Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
Required
Mail always?
No
Mail if posted
Required
Mail if subserve
Yes
Mail SLA
Same day
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - Servers
For eviction notices you may post on first attempt for 3 day pay or vacate/quit or any of the 60 or 30 day notices and it must be mailed by first class mail to the address as well.
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
Same day
Proof Specialists
Server/Marshal Required?
Server
**Notary:** Not Required
**Civil Subpoenas must be personally served (no sub service).**
**Can serve on Sundays**
**BUSINESS ENTITIES (INC., LLC, ETC.)**
+ Registered agent
+ President, Vice President, CEO, or other head of the corporation, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager. (If a bank, to a cashier or assistant cashier)
+ If none of the persons above are available at the time of attempted service, leaving the documents with the person apparently in charge of the office or the mailing address of one of the persons above and mailing a copy of the summons and complaint to this person at the address where the documents are left.
**PUBLIC ENTITY (STATE, COUNTY, CITY, ETC.)**
+ Clerk, secretary, president, presiding officer, or other head of its governing body.
+ If none of the above available, handing to person apparently in charge of the office and mailing a copy of the summons and complaint to one of the individuals in bullet above
**Posting (Evictions - 3-Day Notice to Pay Rent or Quit)**
+ Notice must be dated on day of service
+ Must attempt Personal or Substituted Service before Posting
+ If posted, mail copies within 24 hours to tenant, subtenants, and occupants
+ Affidavit must include time/place of posting and mailing
+ Best practice: Take photos showing notice with written date before service and after posting
**MINOR OR INCOMPETENT PERSON**
+ Parent, guardian or conservator
- if no such person can be found, any person having the care or control of such minor at their house or work
+ COPY to the minor/individual if they are 12+
**INDIVIDUAL**
+ Personal
+ Substituted (MUST HAVE ATTEMPTED TO PERSONALLY SERVE 3 TIMES PRIOR TO SUB SERVICE ON FOURTH ATTEMPT)
+ Dwelling/house/Usual place of abode
- competent member of the household, 18+
- be informed of the contents thereof
- Must also mail copy to the place where a copy of the summons and complaint were left
+ Usual place of business
- person apparently in charge, 18+
- be informed of the contents thereof
- Must also mail copy at the place where a copy of the summons and complaint were left
+ Usual mailing address
- person apparently in charge, 18+
- be informed of the contents thereof
- Must also mail copy at the place where a copy of the summons and complaint were left
