(a) Notwithstanding any other law, any person shall be granted access to a gated community 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: (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.ĬCP § 415. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (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 maybe served by leaving a copy of the summons and complaint at theperson’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 10 th day after the mailing. 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. (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. However, service of a summons without such date shall be valid and effective. 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. Service of a summons in this manner is deemed complete at the time of such delivery. 10 Personal Service on an Individual DefendantĪ summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. This publication supplements The Registered Process Server’s Guide to Service of Process in California, 5d Edition, also available from PSI.ĬCP § 415. You are encouraged to keep this list current or to contact PSI for Updates and Supplements. Note that these statutes are current as of January, 2018. The following service code sections govern the manner of service required under California law. The Exemplars of Judicial Council Proofs of Service in this Affidavit and Proof of Service Requirements Guide reflect the proper manner of service, and what is required for the court to determine whether service was sufficient. What that means is that a proof or affidavit of service used by a server from another state may be filed in a California court, and is subject to the scrutiny of the California court to determine if the manner of service gave sufficient notice to the defendant.Ī California proof of service is preferred, but not necessarily required. Proof of service on a defendant out of state may be made on the California Judicial Council form or on a form that includes “evidence satisfactory to the court establishing actual delivery to the person to be served” (CCP § 417.20). The California Proofs of Service describe the manner of service, as mandated in CCP § 417.10.
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