After payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant. The clerk shall keep each original summons in the court records and provide a copy of each summons issued to the plaintiff who requested issuance of the summons.
Jurisdiction and Service of ProcessSummons
Section § 412.10
Once the plaintiff pays the necessary fees, they can ask the court clerk to issue multiple summonses for defendants. The original summonses stay with the court records, but copies are given to the plaintiff.
summons issuance court clerk plaintiff request
Section § 412.20
This section explains what needs to be included in a legal summons, which is a notice telling someone they're being sued. It must be directed to the defendant, signed by a court clerk, and include the court's name, the names of all parties involved, and instructions for the defendant to respond in writing within 30 days. If the defendant doesn't respond, they could lose automatically, allowing the plaintiff to seek various forms of relief like taking of money or property. The summons also includes a bold warning about the importance of consulting an attorney, and it starts with a bold notice in both English and Spanish about the lawsuit and response deadline. Counties can add more languages for the notice if needed, and a format approved by the Judicial Council meets these requirements.
(a)CA Civil Procedure Code § 412.20(a) Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending, and it shall contain:
(1)CA Civil Procedure Code § 412.20(a)(1) The title of the court in which the action is pending.
(2)CA Civil Procedure Code § 412.20(a)(2) The names of the parties to the action.
(3)CA Civil Procedure Code § 412.20(a)(3) A direction that the defendant file with the court a written pleading in response to the complaint within 30 days after summons is
served on him or her.
(4)CA Civil Procedure Code § 412.20(a)(4) A notice that, unless the defendant so responds, his or her default will be entered upon application by the plaintiff, and the plaintiff may apply to the court for the relief demanded in the complaint, which could result in garnishment of wages, taking of money or property, or other relief.
(5)CA Civil Procedure Code § 412.20(a)(5) The following statement in boldface type: “You may seek the advice of an attorney in any matter connected with the complaint or this summons. Such attorney should be consulted promptly so that your pleading may be filed or entered within the time required by this summons.”
(6)CA Civil Procedure Code § 412.20(a)(6) The following introductory legend at the top of the summons above all other matter, in boldface type, in English and Spanish:
“Notice! You
have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read information below.”
(b)CA Civil Procedure Code § 412.20(b) Each county may, by ordinance, require that the legend contained in paragraph (6) of subdivision (a) be set forth in every summons issued out of the courts of that county in any additional foreign language, if the legend in the additional foreign language is set forth in the summons in the same manner as required in that paragraph.
(c)CA Civil Procedure Code § 412.20(c) A summons in a form approved by the Judicial Council is deemed to comply with this section.
summons requirements defendant response court clerk signature
Section § 412.30
When you're suing a company or an unincorporated group, like a partnership, the legal papers (summons) you serve them must clearly say who you're serving and on whose behalf. If the papers do not include this information, then the case can't proceed by default against the company, group, or the person themselves.
In an action against a corporation or an unincorporated association (including a partnership), the copy of the summons that is served shall contain a notice stating in substance: “To the person served: You are hereby served in the within action (or special proceeding) on behalf of (here state the name of the corporation or the unincorporated association) as a person upon whom a copy of the summons and of the complaint may be delivered to effect service on said party under the provisions of (here state appropriate provisions of Chapter 4 (commencing with Section 413.10) of the Code of Civil Procedure).”
If service is also made on such person as an individual, the notice shall also indicate that service is being made on such person as an individual as well as on behalf of the corporation or the unincorporated association.
If such notice does not appear on the copy of the summons served, no default may be taken against such corporation or unincorporated association or against such person individually, as the case may be.
service of summons corporation unincorporated association
