vinht23 said:
I live in san diego, california. I wanted to know what I need to do to serve a summon and complaint to someone who is out of state?
My response:
Service on Defendants Outside California: The methods for service of summons on defendants outside the state are extremely liberal. But remember: There have to be "minimum contacts" between the nonresident defendant and California for local courts to exercise jurisdiction. The broader methods for service of summons, therefore, are not being relied upon for jurisdictional purposes. Rather, their function is simply to provide notice of the lawsuit.
Defendant in another state: Service on a defendant residing in another state may be accomplished in any of the following ways:
· Any of the four methods for serving persons within California (e.g., personal delivery; substitute service; service by mail coupled with acknowledgment of receipt; or by publication); or
· Certified or registered mail with return-receipt-requested (below); or
· Any other method permissible under the law of the state where the service is made (although this does not add much because few states have methods for service of summons more liberal than California's). [Ca Civ Pro § 413.10(b)]
(1) Certified or registered mail with return-receipt-requested: This is the most liberal method for service of summons allowed under California law: A nonresident defendant can be served anywhere in the world simply by mailing him or her copies of the summons and complaint "by first-class mail, postage prepaid, requiring a return receipt" (i.e., certified or registered mail). [Ca Civ Pro § 415.40]
(a) Mailing to person to be served: The summons must be mailed "to the person to be served." [Ca Civ Pro § 415.40]
1) Out-of-state corporations: Where the defendant is a corporation, the "person to be served" is one of the individuals specified by statute (Ca Civ Pro § 416.10(b)) to be served on its behalf: i.e., its president, vice president, secretary or assistant secretary, general manager, etc. [Dill v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1436, 29 Cal.Rptr.2d 746, 751]
· Thus, mailing a summons to the corporation itself is not valid service. Rather, the summons must be mailed to an individual who may be served on its behalf. [Dill v. Berquist Const. Co., Inc., supra, 24 Cal.App.4th at 1436, 29 Cal.Rptr.2d at 751]
Although the statute is not entirely clear, it is probably sufficient to mail the summons to an unnamed officer (e.g., "President of XYZ, Inc.").
· In addition, the summons form must notify that person that he or she is being served on behalf of the corporation. (The "NOTICE TO THE PERSON SERVED" box on the reverse side of the form should be marked "on behalf of (name of corporation) under Ca Civ Pro § 416.10.")
The above seems correct. But an earlier case reached the opposite result without really discussing the issue (upholding service where envelope was addressed to corporation rather than to any officer, etc.). [See Shoei Kako Co. v. Sup.Ct. (MacIsaac) (1973) 33 Cal.App.3d 808, 818, 109 Cal.Rptr. 402, 409]
(b) Service complete 10 days after mailing: The Code provides that service is deemed effective 10 days after the mailing . . . even if the defendant has not yet signed or mailed back the return receipt. [Ca Civ Pro § 415.40]
This 10-day grace period extends defendant's time to plead: i.e., no default can be entered for an additional 10 days beyond the normal time a responsive pleading is due. (But this provision does not determine when service was made; see below.)
1) When service complete for dismissal purposes: An action is subject to dismissal for delay in service of summons (Ca Civ Pro § 583.210). For dismissal purposes, "service" is effected by mailing alone; the 10-day grace period does not delay effective service. [Johnson & Johnson v. Sup.Ct. (Lawton) (1985) 38 Cal.3d 243, 248, 211 Cal.Rptr. 517, 520]
(c) Proof of service requires proof of actual receipt: To prove service by mail on a nonresident pursuant to Ca Civ Pro § 415.40, there must be hard evidence of actual delivery--either a signed receipt or other proof that the defendant (or someone authorized by defendant) actually received the mail.
(d) Service by mail coupled with acknowledgment of receipt: The provision for serving nonresidents as above is in addition to the Ca Civ Pro § 415.30 provision for service by (ordinary) mail, which may also be used. The big difference is that no separate acknowledgment of receipt is necessary under Ca Civ Pro § 415.40; i.e., the "return-receipt-requested" procedure assures receipt.
IAAL
