INFORMATION REGARDING CODE OF CIVIL PROCEDURE - CCP

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CODE OF CIVIL PROCEDURE - CCP

"PART 2. OF CIVIL ACTIONS [307 - 1062.20]

( Part 2 enacted 1872. ) TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11]
( Title 5 added by Stats. 1969, Ch. 1610. ) CHAPTER 4. Service of Summons [413.10 - 417.40]
( Chapter 4 added by Stats. 1969, Ch. 1610. )
ARTICLE 3.

Manner of Service of Summons [415.10 - 415.95]
( Article 3 added by Stats. 1969, Ch. 1610. ) 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. (Added by Stats. 1969, Ch. 1610.)
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CODE OF CIVIL PROCEDURE - CCP PART 2. OF CIVIL ACTIONS [307 - 1062.20]
( Part 2 enacted 1872. ) TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11]
( Title 5 added by Stats. 1969, Ch. 1610. ) CHAPTER 4. Service of Summons [413.10 - 417.40]
( Chapter 4 added by Stats. 1969, Ch. 1610. ) ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90]
( Article 4 added by Stats. 1969, Ch. 1610. ) 416.10.
A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods:
(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, 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 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).
(d) If 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 that provision.
(Amended by Stats. 2006, Ch. 567, Sec. 7. Effective January 1, 2007.) 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. (Amended by Stats. 1977, Ch. 235.) 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. (Added by Stats. 1969,
Ch. 1610.) 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 in a statement filed with the Secretary of State
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 in a statement filed with the Secretary of State 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 18220 of the Corporations Code, as provided by that section.
(Amended by Stats. 2004, Ch. 178, Sec. 3. Effective January 1, 2005.) 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. (Added by Stats. 1969, Ch. 1610.) 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. (Amended by Stats. 1972, Ch. 579.)
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.
(Amended by Stats. 1972, Ch. 579.) 416.80.
When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section.
(Amended by Stats. 2009, Ch. 140, Sec. 38. Effective January 1, 2010.) 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. (Added by Stats. 1969, Ch. 1610.)

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Substituted service of process through the Secretary of State's office may be made
upon a business entity if: Attempts at direct service of process have been unsuccessful;
Attempts at direct service have been proven to the court to be reasonably diligent; and
The court issues an order that service can be made upon the entity by hand delivering to the
Secretary of State's office in Sacramento, as substituted service of process upon the entity,
the following: A copy of the process (generally the summons and complaint) to be served;
A copy of the court order permitting the service; and The statutory $50.00 fee.

Substituted service of process in this manner is not permitted by mail.
The order, process to be served and $50.00 fee must be hand delivered to our
public counter in Sacramento office during regular business hours of 8:00 a.m. to 5:00 p.m.
, Monday through Friday (excluding state holidays ), at 1500 11th Street, 3rd Floor, Room 390.



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