Article 4 - Persons Upon Whom Summons May Be Served

California Code of Civil Procedure — §§ 416.10-416.90

Sections (9)

Amended by Stats. 2006, Ch. 567, Sec. 7. Effective January 1, 2007.

A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods:

(a)To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable).

(b)To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process.

(c)If the corporation is a bank, to a cashier or assistant cashier or to a person specified in subdivision (a) or (b).

(d)If authorized by any provision in Section 1701, 1702, 2110, or 2111 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by that provision.

§ 416.20

Amended by Stats. 1977, Ch. 235.

A summons may be served on a corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy of the summons and of the complaint:

(a)To a person who is a trustee of the corporation and of its stockholders or members; or

(b)When authorized by any provision in Sections 2011 or 2114 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code as in effect on December 31, 1976, with respect to corporations to which they remain

applicable), as provided by such provision.

§ 416.30

Added by Stats. 1969, Ch. 1610.

A summons may be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided by Section 416.10 or 416.20.

§ 416.40

Amended by Stats. 2004, Ch. 178, Sec. 3. Effective January 1, 2005.

A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint:

(a)If the association is a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to a general partner or the general manager of the partnership;

(b)If the association is not a general or limited

partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to the president or other head of the association, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the association to receive service of process;

(c)When authorized by Section 18220 of the Corporations Code, as provided by that section.

§ 416.50

Added by Stats. 1969, Ch. 1610.

(a)A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body.

(b)As used in this section, “public entity” includes the state and any office, department, division, bureau, board, commission, or agency of the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in this state.

§ 416.60

Amended by Stats. 1972, Ch. 579.

A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with whom he resides or by whom he is employed, and to the minor if he is at least 12 years of age.

§ 416.70

Amended by Stats. 1972, Ch. 579.

A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause shown, the court in which the action is pending may dispense with delivery to such person.

§ 416.80

Amended by Stats. 2009, Ch. 140, Sec. 38. (AB 1164) Effective January 1, 2010.

When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section.

§ 416.90

Added by Stats. 1969, Ch. 1610.

A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process.