This guide is an introduction to the methods available for service of a Summons and Complaint. It is not intended to be a comprehensive resource and is not intended as legal advice. You will need to conduct your own research.
An individual defendant may receive service. See CCP §416.90.
A defendant may designate an agent to accept service. See CCP §416.90.
A minor defendant has different considerations. See Family Code §6500 and CCP §416.60.
A prisoner can be served by way of the jailer or whomever has custody of the prisoner. See Penal Code §4013 and CCP §416.90.
For other entities, consult the Library Resources listed in this Guide.
Service of a Summons and Complaint has very specific procedural rules. It is important that you follow them. Improper service may result in the dismissal of your case.
Except for Collection Cases filed under California Rules of Court, Rule 3.740, within sixty (60) days of the filing of the complaint, all Defendants must be served, and Proofs of Service filed showing service on the Defendants pursuant to California Rules of Court, Rule 3.110(b).
Any relief from the sixty-day requirement must be by written application as set forth in Rule 3.110(e). Compliance with this rule will be reviewed at the initial Case Management Conference, and the plaintiff may be sanctioned at that time for any failure to timely serve all defendants unless good cause is shown.
For exceptions to the personal service requirement, read the San Diego Superior Court Local Rules, Rule 2.1.5 very carefully. It is very specific as to the due diligence requirements for attempts at personal service. We have provided information below on methods other than personal service, but do your research. The court is very particular about what will qualify as an exception to the personal service rule.
Persons Who Can Serve the Summons & Complaint
Any person 18 years of age or over, not a party to the action, may serve the summons and complaint. See California Code of Civil Procedure §414.10. The plaintiff may not serve the summons and complaint. You can use a friend, someone not a party to the action, or hire a professional process server or sheriff. Service by a registered process server has the advantage of being presumed by the courts to be valid. Cal. Evidence Code §647.
What Method Can I Use?
The following are various means of serving the summons. Each has specific rules which must be followed. Failure to properly serve the summons can lead to the dismissal of your case.
Personal Service: by personal delivery to the person served. CCP §415.10
Substituted Service: if an individual defendant cannot be personally served after diligent attempts, substitute service may be made by leaving a copy of the summons and complaint with someone else at the defendant's dwelling house or other. CCP §415.20
Service by Mail: a summons may be served by mail under certain circumstances. CCP §415.30
Service by Publication: a summons may be served by publication in a named newspaper under certain circumstances. CCP §415.50
NOTE: There are specific rules to serving Defendants who are not natural adults, such as corporations, LLC's, partnerships, and government agencies. You will want to do a little research in the CCP as to the proper location and person to serve. Generally, you can check with the California Secretary of State about corporations and other business entities. Check government agency websites for procedural information on filing claims and related, and see our Guide on Writ of Mandamus and related, to make sure a Summons is the step you should take.
Generally, no.
Any person 18 year of age or over, and not a party to the action, may serve the summons and complaint (CCP §414.10). The plaintiff may NOT serve the summons and complaint.
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