Section § 415.10

Explanation

This law explains that you can serve a summons by personally handing it to the person involved. The delivery is considered complete as soon as you hand it over. The date of delivery should be noted on the summons, but even if the date isn't marked, the service still counts.

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.

Section § 415.20

Explanation

This law describes alternate ways to deliver legal documents (like a summons) when personal delivery isn't possible. Instead of handing documents directly to someone, you can leave them at the person's workplace or home with someone in charge or a competent household member, as long as the person is at least 18 years old. After that, you mail the same documents to the place where you left them. The service is considered complete 10 days after mailing. If you only have a private mailbox address for the person, you can leave the documents with the mail service provider on your first attempt as directed by another specific law.

(a)CA Civil Procedure Code § 415.20(a) In lieu of personal delivery of a copy of the summons and 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 complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(b)CA Civil Procedure Code § 415.20(b) If a copy of the summons and 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 complaint 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 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 complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(c)CA Civil Procedure Code § 415.20(c) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the commercial mail receiving agency in the manner described in subdivision (d) of Section 17538.5 of the Business and Professions Code.

Section § 415.21

Explanation

This law allows certain people to enter gated communities or apartment complexes for the purpose of serving legal documents like subpoenas. To gain access, they must show a driver's license and either a badge proving their connection to law enforcement or proof that they are a registered process server or licensed private investigator. This only applies when the entrance is guarded by security personnel. The rule covers apartment buildings with at least three units and condos with at least four units.

(a)CA Civil Procedure Code § 415.21(a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following:
(1)CA Civil Procedure Code § 415.21(a)(1) A badge or other confirmation that the individual is acting in the individual’s capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender.
(2)CA Civil Procedure Code § 415.21(a)(2) Evidence of current registration as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or of licensure as a private investigator pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
(b)CA Civil Procedure Code § 415.21(b) This section shall only apply to a gated community or a covered multifamily dwelling that is staffed at the time service of process is attempted by a guard or other security personnel assigned to control access to the community or dwelling.
(c)CA Civil Procedure Code § 415.21(c) For purposes of this section, “covered multifamily dwelling” means either of the following:
(1)CA Civil Procedure Code § 415.21(c)(1) An apartment building, including a timeshare apartment building not considered a place of public accommodation or transient lodging, with three or more dwelling units.
(2)CA Civil Procedure Code § 415.21(c)(2) A condominium, including a timeshare condominium not considered a place of public accommodation or transient lodging, with four or more dwelling units.

Section § 415.30

Explanation

In California, a summons, which is an official notice of a lawsuit, can be served by mail. You need to send the summons and complaint by first-class or airmail, along with two copies of a notice and acknowledgment form, plus a prepaid return envelope. If the person receiving it doesn't send back the acknowledgment within 20 days, they might have to pay for other ways to serve the summons. Once they sign and return the acknowledgment, the service is considered complete on that date. This process is valid if you use an approved form by the Judicial Council.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 415.30(b) The notice specified in subdivision (a) shall be in substantially the following form:
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
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)CA Civil Procedure Code § 415.30(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)CA Civil Procedure Code § 415.30(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)CA Civil Procedure Code § 415.30(e) A notice or acknowledgment of receipt in form approved by the Judicial Council is deemed to comply with this section.

Section § 415.40

Explanation

This law explains that if you need to deliver a legal summons to someone who is not in California, you can do it by sending the summons and the complaint through first-class mail. Make sure the postage is prepaid and ask for a return receipt. The service is officially considered complete 10 days after you mail it.

A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.

Section § 415.45

Explanation

This law explains how someone can be served with a summons in an eviction case if they are hard to locate. If it's confirmed that normal methods won't work, the court can allow the summons to be posted at the property and mailed to their last known address. Service is considered complete after 10 days of posting and mailing. If the person can be served by another allowed method, that method will take priority over posting.

(a)CA Civil Procedure Code § 415.45(a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that:
(1)CA Civil Procedure Code § 415.45(a)(1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or
(2)CA Civil Procedure Code § 415.45(a)(2) The party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding such party from any interest in such property.
(b)CA Civil Procedure Code § 415.45(b) The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last known address.
(c)CA Civil Procedure Code § 415.45(c) Service of summons in this manner is deemed complete on the 10th day after posting and mailing.
(d)CA Civil Procedure Code § 415.45(d) Notwithstanding an order for posting of the summons, a summons may be served in any other manner authorized by this article, except publication, in which event such service shall supersede any posted summons.

Section § 415.46

Explanation

This section discusses the process for serving a prejudgment claim of right to possession during an unlawful detainer action, which is a legal process used by landlords to evict tenants. Besides the usual summons and complaint, this claim can be served to any person who might claim they lived in the property when the action started. This must be done by a marshal, sheriff, or registered process server. They must try to find any adults living at the property who haven't been named in the eviction papers. If they find such a person, they must serve them the documents, either by hand or by leaving a copy at the property and sending another by mail. This service process is detailed to ensure everyone who might claim to live there gets proper notice. Once this claim is served, any occupant can't dispute the eviction judgment unless specific exceptions apply, like those related to foreclosures.

(a)CA Civil Procedure Code § 415.46(a) In addition to the service of a summons and complaint in an action for unlawful detainer upon a tenant and subtenant, if any, as prescribed by this article, a prejudgment claim of right to possession may also be served on any person who appears to be or who may claim to have occupied the premises at the time of the filing of the action. Service upon occupants shall be made pursuant to subdivision (c) by serving a copy of a prejudgment claim of right to possession, as specified in subdivision (f), attached to a copy of the summons and complaint at the same time service is made upon the tenant and subtenant, if any.
(b)CA Civil Procedure Code § 415.46(b) Service of the prejudgment claim of right to possession in this manner shall be effected by a marshal, sheriff, or registered process server.
(c)Copy CA Civil Procedure Code § 415.46(c)
(1)Copy CA Civil Procedure Code § 415.46(c)(1) When serving the summons and complaint upon a tenant and subtenant, if any, the marshal, sheriff, or registered process server shall make a reasonably diligent effort to ascertain whether there are other adult occupants of the premises who are not named in the summons and complaint by inquiring of the person or persons who are being personally served, or any person of suitable age and discretion who appears to reside upon the premises, whether there are other occupants of the premises.
(2)CA Civil Procedure Code § 415.46(c)(2) If the identity of such an occupant is disclosed to the officer or process server and the occupant is present at the premises, the officer or process server shall serve that occupant with a copy of the prejudgment claim of right to possession attached to a copy of the summons and complaint. If personal service cannot be made upon that occupant at that time, service may be effected by leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint addressed to that occupant with a person of suitable age and discretion at the premises, affixing the same so that it is not readily removable in a conspicuous place on the premises in a manner most likely to give actual notice to that occupant, and sending the same addressed to that occupant by first-class mail.
(3)CA Civil Procedure Code § 415.46(c)(3) In addition to the service on an identified occupant, or if no occupant is disclosed to the officer or process server, or if substituted service is made upon the tenant and subtenant, if any, the officer or process server shall serve a prejudgment claim of right to possession for all other persons who may claim to occupy the premises at the time of the filing of the action by leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint at the premises at the same time service is made upon the tenant and subtenant, if any, affixing the same so that it is not readily removable in a conspicuous place on the premises so that it is likely to give actual notice to an occupant, and sending the same addressed to “all occupants in care of the named tenant” to the premises by first-class mail.
(4)CA Civil Procedure Code § 415.46(c)(4) The person serving process shall state the date of service on the prejudgment claim of right to possession form. However, the absence of the date of service on the prejudgment claim of right to possession does not invalidate the claim.
(d)CA Civil Procedure Code § 415.46(d) Proof of service under this section shall be filed with the court and shall include a statement that service was made pursuant to this section. Service on occupants in accordance with this section shall not alter or affect service upon the tenant or subtenant, if any.
(e)Copy CA Civil Procedure Code § 415.46(e)
(1)Copy CA Civil Procedure Code § 415.46(e)(1) If an owner or his or her agent has directed and obtained service of a prejudgment claim of right to possession in accordance with this section, no occupant of the premises, whether or not that occupant is named in the judgment for possession, may object to the enforcement of that judgment as prescribed in Section 1174.3.
(2)CA Civil Procedure Code § 415.46(e)(2) In any action for unlawful detainer resulting from a foreclosure sale of a rental housing unit pursuant to Section 1161a, paragraph (1) shall not limit the right of any tenant or subtenant of the property to file a prejudgment claim of right of possession pursuant to subdivision (a) of Section 1174.25 at any time before judgment, or to object to enforcement of a judgment for possession as prescribed in Section 1174.3, regardless of whether the tenant or subtenant was served with a prejudgment claim of right to possession.
(f)CA Civil Procedure Code § 415.46(f) The prejudgment claim of right to possession shall be made on the following form:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of
Right to Possession form appears in the published chaptered
bill. See Sec. 7, Chapter 913 (pp. 73–76), Statutes of 2014.

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Section § 415.47

Explanation

If a tenant tells their landlord they won't abandon the rented property, the landlord can send court papers by certified mail if they need to evict the tenant. This must be done within 60 days after receiving the tenant's notice, and the mail is considered officially delivered 10 days after being sent. If the tenant's notice didn't include a mailing address, the landlord can send the papers to the address used in prior communications or to the rental property itself. This method offers an alternative but doesn't replace other legal ways of delivering court papers.

(a)CA Civil Procedure Code § 415.47(a) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, postage prepaid, addressed to the lessee at the address stated in the lessee’s notice of intent not to abandon if such summons is deposited in the mail within 60 days from the date the lessee’s notice of intent not to abandon is received by the lessor. Service in this manner is deemed completed on the 10th day after such mailing.
(b)CA Civil Procedure Code § 415.47(b) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, but failed to include in such notice an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, postage prepaid, addressed to the lessee at (1) the same address or addresses to which the lessor’s notice of belief of abandonment was addressed if that notice was given by mail or (2) the address of the real property if the lessor’s notice of belief of abandonment was personally served on the lessee. Service may not be made pursuant to this subdivision unless the summons is deposited in the mail within 60 days from the date the lessee’s notice of intent not to abandon is received by the lessor. Service in the manner authorized by this subdivision is deemed completed on the 10th day after such mailing.
(c)CA Civil Procedure Code § 415.47(c) This section provides an alternative method of service on the lessee and does not preclude service in any other manner authorized by this chapter.

Section § 415.50

Explanation

This California law section details how a court can allow a summons to be served by publishing it in a newspaper when a person can't be found and served directly after reasonable attempts. The court must be convinced that there is a valid legal reason to serve this person, like involvement in a lawsuit or a claim on property. The summons should be published in a newspaper that the person is likely to read, and a copy should be mailed if their address is known. This published service counts as official once done according to another law, Section 6064 of the Government Code. Even if a summons is published, it can still be served in other legal ways. The law also clarifies that searches in certain restricted public databases are not necessary to show efforts to find the person.

(a)CA Civil Procedure Code § 415.50(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either:
(1)CA Civil Procedure Code § 415.50(a)(1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.
(2)CA Civil Procedure Code § 415.50(a)(2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property.
(b)CA Civil Procedure Code § 415.50(b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period.
(c)CA Civil Procedure Code § 415.50(c) Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code.
(d)CA Civil Procedure Code § 415.50(d) Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons.
(e)CA Civil Procedure Code § 415.50(e) As a condition of establishing that the party to be served cannot with reasonable diligence be served in another manner specified in this article, the court may not require that a search be conducted of public databases where access by a registered process server to residential addresses is prohibited by law or by published policy of the agency providing the database, including, but not limited to, voter registration rolls and records of the Department of Motor Vehicles.

Section § 415.95

Explanation

If you need to deliver a legal summons to a business but don't know its exact type, you can do so by leaving the documents with someone in charge at its office during business hours and then mailing a copy to the same place. The service is considered completed 10 days after mailing. However, this method doesn’t apply to corporations that have a designated agent for legal papers.

(a)CA Civil Procedure Code § 415.95(a) A summons may be served on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours with the person who is apparently in charge of the office of that business organization, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served at the place where a copy of the summons and complaint was left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(b)CA Civil Procedure Code § 415.95(b) Service of a summons pursuant to this section is not valid for a corporation with a registered agent for service of process listed with the Secretary of State.