Summons and Service of Process

• Author: Robert F. Kane/Donald G. Rez
• Pages: 493-538

Chapter 9

Summons and

Service of Process

QUICK VIEW

Definitions: Service of process notifies defendants of claims against them and is necessary, though not always

sufficient, for personal jurisdiction. Process consists of the complaint and the summons. The summons is the docu-

ment that advises defendant of the suit, the time limits for responding, and the consequences of failing to respond.

Scope of Chapter: Methods of service of process; summons requirements; who can serve process; whom to

serve; return of service; amending summons and return; general appearance; challenging service.

Strategies and Tactics: It is important that service be effected properly and promptly. Plaintiff’s strict compliance

with the rules for service of process is critical to support a default judgment. Any defect in the pleadings, the form

of the summons, the manner of service, or the return may void a default judgment.

If defendant is defectively served but has notice of the suit, he or she can do nothing, which risks a default, make

a motion to quash, or answer. Raising service defects generally merely increases the cost and extends the time

for filing a response unless there are serious jurisdictional issues.

In many cases, attorney for a defendant will offer to accept service to prevent embarrassment to a client and

minimize costs when the attorney knows the client will eventually be served in exchange for getting sufficient

time to respond.

If your client is not properly served and plaintiff obtains a default judgment entered, you must act promptly to

set it aside.

Statutes and Rules: CCP §§412.10-417.40, 418.10, 583.210-583.250; CRC 3.110.

Related Topics: Ch 7, Personal Jurisdiction.

California Pretrial Practice & Forms 9-2

Forms in Digital Access: See digital access for the following forms:

• Form 9:01 Ex Parte Application for Order That Summons Be Served by Posting and Mailing [Unlawful Detainer].

• Form 9:02 Declaration in Support of Ex Parte Application for Order That Summons Be Served by Posting

and Mailing [Unlawful Detainer].

• Form 9:03 Order That Summons Be Served by Posting and Mailing [Unlawful Detainer].

• Form 9:10 Motion to Quash Service of Summons.

• Form 9:20 Memorandum of Points and Authorities in Support of Motion to Quash Service of Summons.

• Form 9:30 Declaration in Support of Motion to Quash Service of Summons.

• Form 9:40 Ex Parte Application for Order for Service of Summons Against Domestic Corporation by

Delivery to Secretary of State.

• Form 9:50 Memorandum of Points and Authorities in Support of Application for Order Authorizing

Service on Secretary of State.

• Form 9:60 Ex Parte Order for Service of Summons on Domestic Corporation by Delivery to Secretary of State.

9-3 Summons and Service of Process

TABLE OF CONTENTS

I. OVERVIEW

A. GENERAL POINTS

§9:01 Purpose

§9:02 Governing Law

§9:03 Actual Notice Neither Required nor Sufficient

§9:04 Service or Appearance Required for Jurisdiction

§9:05 Service and Personal Jurisdiction

§9:06 Proper Service as Prerequisite to Valid Default Judgment

§9:07 Substantial Compliance

§9:08 Estoppel

B. METHODS OF SERVICE OF PROCESS

§9:20 Methods Set Forth by Statute

§9:21 When No Provision Has Been Made

§9:22 Methods of Service Required by Other Statutes

§9:23 Pleadings Requiring Service of Process

§9:24 Pleadings Not Requiring Service of Process

C. IMMUNITY FROM SERVICE OF PROCESS

§9:30 Certain Nonresidents

§9:31 California Legislators

D. DOCUMENTS REQUIRED FOR SERVICE OF PROCESS

§9:40 Summons

§9:41 Complaint

§9:42 ADR Information

§9:43 Statement of Damages

E. TIME FOR SERVICE

§9:50 Time in Which Complaint Must Be Served

§9:51 Extension of Time for Service

§9:52 Sanctions

§9:53 Extension of Time to Respond and Default

§9:54 Outside Time for Service

§9:55 Delayed Service

§9:56 Rule of Exclusive Concurrent Jurisdiction

II. PREPARATION AND ISSUANCE OF SUMMONS

§9:70 Overview

§9:71 Contents of Summons

§9:72 Preparation of Summons

§9:73 Special Summons Requirements

§9:74 Issuance of Summons

§9:75 Joint Debtor Proceedings

§9:76 Electronic Filing

§9:77 Lost or Destroyed Summons

§9:78 Amended Summons

§9:79 Supplemental Summons

§9:80 Substitution of Doe Defendant

§9:81 Effect of Service of Defective Summons

§9:82 Summons Must Reflect Capacity of Person Served

III. WHO MAY SERVE PROCESS

§9:90 Anyone Not Party

§9:91 Preference for Independent Process Server

§9:92 Fees