California Code of Civil Procedure

eBook
Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions
Sections 116.310-116.390

Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions

CODE OF CIVIL PROCEDURE
SECTION 116.340

116.340.  (a) Service of the claim and order on the defendant may be
made by any one of the following methods:
   (1) The clerk may cause a copy of the claim and order to be mailed
to the defendant by any form of mail providing for a return receipt.

   (2) The plaintiff may cause a copy of the claim and order to be
delivered to the defendant in person.
   (3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in subdivision
(a) or (b) of Section 415.20 without the need to attempt personal
service on the defendant. For these purposes, substituted service as
provided in subdivision (b) of Section 415.20 may be made at the
office of the sheriff or marshal who shall deliver a copy of the
claim and order to any person authorized by the defendant to receive
service, as provided in Section 416.90, who is at least 18 years of
age, and thereafter mailing a copy of the claim and order to the
defendant's usual mailing address.
   (4) The clerk may cause a copy of the claim to be mailed, the
order to be issued, and a copy of the order to be mailed as provided
in subdivision (b) of Section 116.330.
   (b) Service of the claim and order on the defendant shall be
completed at least 15 days before the hearing date if the defendant
resides within the county in which the action is filed, or at least
20 days before the hearing date if the defendant resides outside the
county in which the action is filed.
   (c) Proof of service of the claim and order shall be filed with
the small claims court at least five days before the hearing.
   (d) Service by the methods described in subdivision (a) shall be
deemed complete on the date that the defendant signs the mail return
receipt, on the date of the personal service, as provided in Section
415.20, or as established by other competent evidence, whichever
applies to the method of service used.
   (e) Service shall be made within this state, except as provided in
subdivisions (f) and (g).
   (f) The owner of record of real property in California who resides
in another state and who has no lawfully designated agent in
California for service of process may be served by any of the methods
described in this section if the claim relates to that property.
   (g) A nonresident owner or operator of a motor vehicle involved in
an accident within this state may be served pursuant to the
provisions on constructive service in Sections 17450 to 17461,
inclusive, of the Vehicle Code without regard to whether the
defendant was a nonresident at the time of the accident or when the
claim was filed. Service shall be made by serving both the Director
of the California Department of Motor Vehicles and the defendant, and
may be made by any of the methods authorized by this chapter or by
registered mail as authorized by Section 17454 or 17455 of the
Vehicle Code.
   (h) If an action is filed against a principal and his or her
guaranty or surety pursuant to a guarantor or suretyship agreement, a
reasonable attempt shall be made to complete service on the
principal. If service is not completed on the principal, the action
shall be transferred to the court of appropriate jurisdiction.
 

The California Code of Civil Procedure Table of Contents
California Code of Civil Procedure Table of Contents-Official Site
California Codes All-Official Site
State Constitution-Official Site
California Statutes-Official site
California legislative information-Official site
 

Internal Links-This site
Chapter 3.  Supreme Court Table of Contents