If You Can't Serve The Agent for Service of a California Corporation

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In California, a corporation must have a registered agent (also known as an agent for service) listed in the articles of incorporation or other filing document to accept service of any lawsuit or claim against the corporation. ¹ If an agent for service is not available for service, the following list of officers of the corporation or its general manager can also be served:

•  President or CEO
• Vice President
• Corporate Secretary or Assistant Secretary
• Treasurer, Assistant Treasurer, or CFO
• General Manager
• anyone designated by the corporation to receive service of process ².

In situations where the above entities cannot be located and all efforts have been made to locate the addresses, it is possible to deliver the documents to the California’s Secretary of State. (Contact the Secretary of State for rules and procedures).

(1)  www.uslegal.com

(2)  The Registered Process Server’s Guide to Service of Process in California, 4th Edition, 2010, Tony Klein

What is a Certificate of Service?

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A certificate of service is a statement of the date and manner in which a copy of a pleading, motion, or other documents was served on all parties or their counsel of record.

The information must include the:
• Method of service
• Date of service
• Name and address of the individual served

Although similar to the Affidavit of Service (Proof of Service), the Certificate of Service is a separate document that must be filed within a set number of days of filing the initial complaint.  
Not all jurisdictions require a certificate of service; always verify the rules and requirements with your local court.

A failure to file a certificate of service may result in a Notice of Failure to Comply and sanctions imposed by the court.

Serving the Agent for Service of a Corporation in California

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In California, a corporation must have a registered agent (also known as an agent for service) listed in the articles of incorporation or other filing document to accept service of any lawsuit or claim against the corporation. ¹ However, the registered agent is not the only person that can be served in a corporation; the following list of officers of the corporation or its general manager can also be served: 

·         President of CEO
·         Vice President
·         Corporate Secretary or Assistant Secretary
·         Treasurer, Assistant Treasurer, or CFO
·         General Manager
·         Anyone designated by the corporation to receive service of process ².

In situations where the above entities cannot be located and all efforts have been made to locate the addresses, it is possible to deliver the documents to the California’s Secretary of State.  (Check with the Secretary of State for rules and procedures).   

  

(1)   www.uslegal.com

(2)   The Registered Process Server’s Guide to Service of Process in California, 4^th Edition, 2010, Tony Klein

Importance of Good Judgment in Process Serving

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Good judgment is one of the most important traits of a process server. Good judgment is the innate ability that allows a process server to interpret a subject’s behavior and manner that may very well determine the tone of the serve and even the eventual outcome.    

Judgment has always been an important factor for a successful completion of a serve and many of these judgments require so little thought that they are almost automatic. Here are some qualities that can help to make good judgments during a service of process.

1.      Patience - Having patience means remaining calm even under pressure or dealing with a difficult person or situation.  

2.      Knowledge- Having knowledge of the rules can prevent violating a person’s due process rights or making the service invalid and being quashed (null and void), subsequently jeopardizing a service or the case entirely.

3.      Prepared – The more you know about the type of documents you are serving and the situation involved in the serve, the more focused you will be.

4.      Critical thinking- In serving legal documents, being one step ahead of the subject can mean the difference of completing the service of process quickly or having to keep coming back.

Serving an “Order to Show Cause” in California

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An Order to Show Cause (OSC) is a notice of motion and a citation to the party, to appear at a stated time and place, to show cause why the motion should not be granted. A court issues this type of order upon the application of a party requesting specific relief and providing the court with an affidavit or declaration (a sworn or affirmed statement alleging certain facts). 1
Typically it is used in circumstances where time is a factor.  For example it may be used to force a party to pay child support, prevent a party from a certain activity such as harassment or used in cases of contempt of probation violations. 
In California, serving an “Order to Show Cause” must be personally served on the opposing party by someone over the age of 18 who is not a party to the case.  The server has to identify the party being served, inform the party the general nature of the legal documents and either hand the documents to the party or If the party being served refuses the documents leave the documents in a conspicuous place. 
No signature of the party is required for the service of process to be complete. 



1. http://legal-dictionary.thefreedictionary.com

Thinking of Attending the NAPPS Convention?

As an Independent Process Server or an owner of an Attorney Service Company you may often be faced either with your own need to attend a professional conference such as this year’s NAPPS convention held on April 26th through the 28th in Boston or requests by your staff members to attend one.  Professional conferences can be expensive but also rewarding for your professional and business growth.   The benefits from attending a conference is difficult to measure but many experts agree that the top benefit is networking value.  There is nowhere else that you can find so many industry contacts facing the same issues as you are facing. If the cost of attending the conference is weighing in your mind, focus instead on what you will specifically bring back to your business as payback for the investment.

Some of the specific details you’ll need to identify should include:

Session content. What sessions have particular relevance to your business?             

     Specifically identify:

ü  New codes and rules to know

ü  Technologies

ü  Procedures

Vendor contacts. Will the conference showcase vendors with tools that can assist you for potential future use?

Best practices. Will there be training sessions in areas that will immediately benefit your company?

Training. Will there be workshops designed to teach attendees a special skill and/or help your company overcome current or future challenges?

If you have never attended a NAPPS conference, give it a try if at all possible. You might discover ways to grow professionally. Perhaps you will return to your company with a renewed spirit. And, who knows, you may find that you simply enjoy it.

Service of Process in Unconventional Locations

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There are several ways to serve legal papers on a person but a lot of it depends on knowing where the defendant is located. In certain instances, your subject may be willing to accept service away from their residence or business or your client does not have a permanent address for them, but has other information of where a defendant may be at a certain place and time. .

Service of process does not require a subject to be served at a residence or place of employment.

If a subject is served at a non-traditional location (for example at a local eatery, a parking lot, concert, etc.), it is possible to do so as long as the affidavit of service notates the actual address of where the service was made. However, some states prohibit service of process at certain locations such as a person attending church service, anywhere on church property, or within 500 feet of the property while the person is going to or returning from a church service. Always check with your state and local rules.