Service Of Process - - CA Harbors And Navigation

Section § 600

This section defines two key terms as used in the chapter. Firstly, 'watercraft' refers to any kind of boat or floating object meant to be used on water. Secondly, a 'nonresident' is someone who does not live in the state at the time of an accident or legal claim or someone who was living in the state during the incident but later moved away.

As used in this chapter:

(a) “Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water; and

(b) “Nonresident” means a person who is not a resident of this State at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this State but subsequently becomes a nonresident of this State.

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(Added by Stats. 1963, Ch. 1280.)

Section § 605

If a nonresident passes away before a legal case starts, the process can continue by serving legal papers to their executor or administrator in the same way it would have been done for them. If the nonresident dies after the case has started, the court can permit the case to proceed against their executor or administrator, with notice given as decided by the court.

Where the nonresident has died prior to the commencement of a suit, action or proceeding brought pursuant to this chapter service of process shall be made on the executor or administrator of the nonresident in the same manner and on the same notice as is provided in the case of the nonresident. Where a suit, action or proceeding has been duly commenced under the provisions of this chapter by service upon a defendant or respondent who dies thereafter, the court shall allow the suit, action or proceeding to be continued against his executor or administrator upon motion with such notice as the court deems proper.

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(Added by Stats. 1963, Ch. 1280.)

Section § 606

This law explains how to prove that someone was properly informed about a court case against them, especially when notifications (summons or citations) are sent by mail or delivered in person outside California.

If mailed, the person who sent it or their lawyer must provide a written statement, along with a receipt from the post office signed by the recipient, showing proof of mailing. This must be attached to the original notice and filed with the court.

If delivered in person outside California, proof comes from a local public officer showing the notice was properly handed over. This must also be attached to the original notice and filed with the court.

Proof of compliance with Section 604 shall be made in the event of service by mail by affidavit of the plaintiff or libelant or by affidavit of his attorney showing said mailing, together with the return receipt of the United States post office bearing the signature of the defendant or respondent. The affidavit and receipt shall be appended to the original summons or original citation, which shall be filed with the court from out of which the summons or citation issued within such time as the court may allow for the return of the summons or citation.

In the event of personal service outside this State, compliance with Section 604 may be proved by the return of any duly constituted public officer, qualified to serve like process of and in the state or jurisdiction where the defendant or respondent is found, showing such service to have been made. The return shall be appended to the original summons or original citation which shall be filed as aforesaid.

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(Added by Stats. 1963, Ch. 1280.)

Section § 607

This law says that a court can decide to postpone a case to give the person being sued or accused a fair chance to defend themselves.

The court in which the suit, action or proceeding is pending may order such continuances as may be necessary to afford the defendant or respondent reasonable opportunity to defend the suit, action or proceeding.

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(Added by Stats. 1963, Ch. 1280.)

Section § 608

If someone who doesn't live in California is officially notified to participate in a legal case under this chapter, they have 60 days from when they receive the notification to respond or take action in the case.

In the event of service of process pursuant to this chapter upon a nonresident outside this State, the person so served shall have 60 days from receipt of the notice required under Section 604 in which to appear in the suit, action or proceeding in which the summons or citation was issued.

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(Added by Stats. 1963, Ch. 1280.)

Section § 609

This law section makes it clear that the current chapter does not change or interfere with other ways to serve legal documents to people who don't live in the state. These methods are already established by other existing laws.

Nothing in this chapter shall be construed as affecting other methods of service of process upon nonresidents as now provided by existing laws.

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(Added by Stats. 1963, Ch. 1280.)