Quote:
Originally posted by lbryson
What is the name of your state? CA
I must show due dilligence in the delivery of a summons for personal injury claim. What is considered due dilligence and are there any forms for the delaration of dilligence. thank you |
My response:
Due diligence is a minimum of 2, and preferably, 3 attempts at personal delivery. Two or three attempts to personally serve defendant at a "proper place" ordinarily qualifies as "reasonable diligence." [Espindola v. Nunez (1988) 199 Cal.App.3d 1389, 1392, 245 Cal.Rptr. 596, 598; Stafford v. Mach (1998) 64 Cal.App.4th 1174, 1182, 75 Cal.Rptr.2d 809, 814]
The declaration is found on the Forms for "Publication of Summons".
Or, if you want to attempt "substitute service", then the declaration is on the standard proof of service form. Leave it with a "competent member of the household" or person "apparently in charge of his office or place of business," at least 18 years old, who must be told what the papers are; Thereafter, mail other copies of the summons and complaint (first class mail, postage prepaid) to the defendant at the place where the copies were left. [Ca Civ Pro § 415.20(b)]
WARNING: IF YOU ARE A PARTY TO THE LAWSUIT, DO NOT ATTEMPT TO SERVE THE SUMMONS AND COMPLAINT YOURSELF. YOU MUST HAVE SOMEONE ELSE, NOT A PARTY, OVER THE AGE OF 18, SERVE IT FOR YOU.
IAAL
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