Process Serving - California
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Process Serving in California
Overview
Section 415.20(b) of the California Civil Code of Procedure outlines the rules for serving a summons and complaint if personal delivery isn't possible. If, after reasonable effort, documents cannot be personally delivered as specified in Sections 416.60, 416.70, 416.80, or 416.90, they may be left at the recipient's home, usual place of work, or usual mailing address, excluding a U.S. Postal Service P.O. box.
Alternative Service Methods
1. Dwelling or Abode:
- The terms "dwelling house" and "usual place of abode" generally refer to where the person currently resides. Courts often interpret "dwelling house" as the temporary location (e.g., a student's school housing) and "usual place of abode" as the permanent residence (e.g., their parent's home).
2. Place of Business:
- This can refer to any location where the person regularly works. For instance, a doctor might have multiple workplaces that qualify as their usual place of business.
3. Usual Mailing Address:
- This refers to any address used for receiving mail, excluding a U.S. Postal Service P.O. box, even if the recipient does not collect the mail there. The address is valid as long as it's used publicly as a mailing location.
4. Competent Household Member:
- This includes any resident of the household, not just family. It could be a live-in nanny, guest, or friend.
5. Person Apparently in Charge:
- This refers to whoever is in control at a business, regardless of their title. A receptionist or a clerk might be the highest authority accessible to a process server.
6. Gated Communities or Security Buildings:
- In such cases, security personnel can be served if they prevent access to the residence, as established in the 1992 California Court of Appeals case Robert Bein vs. Bechtel-Jochim.
Reasonable Diligence
The term "reasonable diligence" can vary, but typically, three attempts at differing times, with at least two at the service address, are necessary for substituted service on a fourth try.
Disclaimer
This information is provided based on experience and not as legal advice. David Hallstrom, owner of Hallstrom Detective Agency, offers insights based on extensive experience in process serving, although his agency no longer provides these services.
To reprint this article, credit must be given to David G. Hallstrom, and a link to [Resources For Attorneys](http://www.resourcesforattorneys.com) should be included. Unauthorized reproduction without proper attribution is prohibited.
You can find the original non-AI version of this article here: Process Serving - California.
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