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Process_Serving_-_California

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					Process Serving - California

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959

Summary:
<B>Section 415.20 (b) of the California Civil Code Of Procedure
States:</B> If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be
served by leaving a copy of the summons and complaint at the person's
dwelling house, usual place of abode, usual place of
business, or usual mailing address other than a United States Postal
Service post office box,


Keywords:
process serving,substituted service,california,law,legal,legal resources


Article Body:
<B>Section 415.20 (b) of the California Civil Code Of Procedure
States:</B> If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be
served by leaving a copy of the summons and complaint at the person's
dwelling house, usual place of abode, usual place of business, or usual
mailing address other than a United States Postal Service post office
box, in the presence of a competent member of the
household or a person apparently in charge of his or her office, place of
business, or usual mailing address other than a United States Postal
Service post office box, at least 18 years of age, who shall be informed
of the contents thereof, and by thereafter mailing a copy of the summons
and of the complaint by first-class mail, postage prepaid to the person
to be served at the place where a copy of the summons and complaint were
left. Service of a summons in this manner is deemed complete on the 10th
day after the mailing.<br><br>
<B>Most process servers understand</B> dwelling house or usual place of
abode to mean the actual place where the person is currently staying. It
has, however, been our experience that this means the official residence
<U><B>or</B></U> place where the person is currently staying. We have
found that most courts consider the dwelling house to be where the person
is currently staying and the usual place of abode to mean the persons
permanent residence, ie: the person lives with his parents but is
currently away at school. The persons dwelling house would be where he is
currently staying while in school and his usual place of abode would be
his parents house where he returns on vacations and when school is on
break and where he expects to return when he finishes school. The same
applies if the person is currently in the hospital, away on a business
trip or is on a vacation.<br><br>
<B>Usual place of business</B> can mean different things. Say a person
works every day in a factory on 8th St., that of course would be a usual
place of business. Say a Doctor is on staff and shows up for work
regularly at ABC Hospital. He also rents office space from a doctor's
group at another location where he also sees paitents. It has been our
experience that both places could be considered the Doctors usual place
of business.<br><br>
<B>Usual mailing address</B> other than a United States Postal Service
post office box. Usual mailing address can be a private mail box service
or any other place (Other than a U.S Post Office branch.) that the
subject uses as a mailing address. This does not mean that the person
must actually pick up or receive the mail. It only means that the person
must use the address as a mailing address. Some people in order to evade
creditors or others give out mailing addresses but never pick up the
mail. If a person directs people to send that person's mail to a certain
address then that address can be considered a usual place of mailing as
the server would have no way of verifying that the mail is actually
picked up.<br><br>
<B>Competent member of the household</B> does not mean family member. It
means anyone who resides at that residence, including full time live in
nannys, maids, gardeners, friends, etc.. As long as the person resides
ther full time they can be considered members of the household.<br><br>
<B>Person apparently in charge</B> does not mean, as some process servers
believe, a manager or officer of the business or place of mailing. It
means "the person apparently in charge. If, at an office, the
receptionist will not let the process server see anyone else in the
office, then the receptionist is the highest person in charge that the
server can serve. If the only person who works at a mail box service says
that he or she is only a clerk, that person is still the person
apparently in charge.<br><br>
<B>Serving a complaint in a gated community or security building</B>
where the security guard will not allow entrance. On May 28, 1992, in the
case of Robert Bein vs Bechtel-Jochim, the California Court Of Appeals
held that a guard gate <U><B>does</B></U> constitute part of the dwelling
and therefore the guard is a competent member within the dwelling. The
court reasoned that if a process server is not permitted to proceed to
the actual residence, then the outer bounds of the actual dwelling place
must be deemed to extend to the location at which the process server's
progress is arrested.<br><br>
<B>Reasonable diligence</B> has been interpreted differently in different
jurisdictions, however, we have found that if three attempts are made at
least eight hours apart and if at least two of those attempts are made at
the address wher the papers are served then a substituted service on the
fourth attempt is usually considered valid.<br><br>
The foregoing information is not given as legal advice. It is instead
given as information and opinion gathered and developed through
experience over the last thirty years. David Hallstrom is the owner of
Hallstrom Detective Agency and although the agency no longer offers
process serving services, it has, through it's servers, completed service
of several hundred thousand legal documents. Although the author believes
the information to be accurate no guarantee is made or implied.<br><br>
Permission is given to reprint this article providing credit is given to
the author, David G. Hallstrom, and a link is listed to <a
href="http://www.resourcesforattorneys.com">Resources For Attorneys</a>
the owner of this article. Anyone or any company reprinting this article
without giving proper credit and the correct link, is doing so without
permission.

				
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posted:3/12/2010
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