Section § 416.10

Explanation

This law explains how you can officially deliver a summons and complaint to a corporation. You can serve these documents to various corporate officials, like the president or treasurer, or a designated agent for service. If dealing with a bank, you can serve it to a cashier or similar executive. Additionally, there are specific rules from the Corporations Code that might apply to how you serve these documents.

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)CA Civil Procedure Code § 416.10(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)CA Civil Procedure Code § 416.10(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)CA Civil Procedure Code § 416.10(c) If the corporation is a bank, to a cashier or assistant cashier or to a person specified in subdivision (a) or (b).
(d)CA Civil Procedure Code § 416.10(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.

Section § 416.20

Explanation

This law explains how you can serve legal documents to a corporation that has either lost its right to operate, dissolved, or is otherwise inactive. You can do this by giving the documents to a person acting as a trustee for the corporation and its shareholders. Alternatively, service can be done as outlined in certain sections of the Corporations Code, which contain specific rules for such situations.

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)CA Civil Procedure Code § 416.20(a) To a person who is a trustee of the corporation and of its stockholders or members; or
(b)CA Civil Procedure Code § 416.20(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.

Section § 416.30

Explanation

If you need to serve legal papers to a joint stock company or association, you can do it by hand-delivering the documents as outlined in another section of the law.

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.

Section § 416.40

Explanation

This law explains how to properly serve legal papers, known as a summons, to an unincorporated association, like a partnership. For partnerships, you can serve the summons to the person listed in official state records or to a general partner or manager. If it's not a partnership, serve it to someone in a leadership position, like the president, or someone officially designated to accept legal papers. In some cases, special rules in another section might apply.

A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint:
(a)CA Civil Procedure Code § 416.40(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)CA Civil Procedure Code § 416.40(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)CA Civil Procedure Code § 416.40(c) When authorized by Section 18220 of the Corporations Code, as provided by that section.

Section § 416.50

Explanation

This law explains how to officially notify a public entity, like a government agency or public university, that they are being sued. To do this, you need to deliver legal documents to a leader or official of that entity, such as the clerk or president. The term "public entity" covers a wide range of government-related organizations, from state offices to city authorities.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 416.50(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.

Section § 416.60

Explanation

This law explains how to serve legal notice to a minor. You must give a copy of the summons and complaint to the minor's parent, guardian, or another responsible adult. If none of these can be found, you can give it to a person who takes care of the minor or lives with them. Additionally, if the minor is 12 or older, they must also receive the notice.

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.

Section § 416.70

Explanation

If you need to serve legal papers to someone who has a guardian or conservator, you must deliver the papers to both the guardian and the person. However, the court can decide not to deliver the papers directly to the person if there's a good reason.

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.

Section § 416.80

Explanation

This law section states that if Section 12 of the Elections Code allows it, a legal notice called a summons can be delivered in the way that Section 12 specifies.

When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section.

Section § 416.90

Explanation

This law says that if someone needs to be served with legal papers but isn't directly mentioned in other parts of the law, you can give the papers to them or someone they've allowed to accept them on their behalf.

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.