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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-07/000.00 Summons and Complaint

6-07/510.00 Corporation


6-07/500.10 Multiple Capacity Summons
6-07/510.10 Forfeited or Dissolved (Defunct) Corporations

A summons against a corporation may be served by delivering a copy of the summons and complaint, with the required notice of capacity, to one of the following officers or agents (CCP 416.10):

  1. Person designated as agent for service of process or a person authorized by the corporation to receive service of process (as listed with the Secretary of State) (CCP 416.10(a))
  2. President, Chief Executive Officer, or other head of the corporation (416.10 (b))
  3. Vice-President (416.10 (b))
  4. Secretary or Assistant Secretary (416.10 (b))
  5. Treasurer or Assistant Treasurer (416.10 (b))
  6. Controller or Chief Financial Officer (CCP 416.10(b))
  7. General Manager (NOT Office Manager) (416.10 (b))
  8. Person authorized by the Corporation to receive civil process (CCP 416.10(b))
  9. Cashier or Assistant Cashier of a bank (CCP 416.10 (c))

If a proper officer or agent cannot be found within the state after reasonable diligence, or if no agent has been designated, the court may make an order that the service be made by delivering by hand to the Secretary of State, or an assistant or deputy, a copy of the process and a copy of the court order.  The order may be from a court of another state or of any federal court if the proceeding has been filed in that court.  (CORP 1702) Such service must be made personally and not by mail.  (Hunstock v. Estate Development Co., 22 CA 2d 205)

Before a summons against a corporation is assigned out for service, the “Notice to the Person Served” at the bottom of the summons shall be completed.  If the summons is served by the substitution method, both copies of the summons shall be completed in this manner. 

 

Notice of capacity in which a person is served on behalf of a defendant corporation must appear on the copy of the summons that is served.  No default in a case may be taken against any corporation or against such person individually, as the case may be, unless the certificate of service of the summons recites that such notice appeared on the copy of the summons.  (CCP 412.30)  When service is intended to be made upon the person as an individual as well as on behalf of the corporation, said notice must so indicate.   

When completing the Proof of Service, be sure to include all information regarding the person served and the manner of such service.   EXAMPLE:  “Serve Ace Distributing Company, a corporation”.  Contact is made with Tom Jones who is the president (or other officer or agent per CCP 416.10).”  The Proof of Service should state the party served: Ace Distributing Company, a corporation.   Tom Jones, President, is listed as the person served on behalf of an entity (or as an authorized agent).  The address of the service must appear on the Proof of Service.  You must indicate the manner of service as personal (CCP 415.10).

 

If the service is made by substitution (CCP 415.20), you must include the name and title or relationship.  The party must be informed of the general nature of the process.  The name of the responsible party per CCP 416.10 must still be indicated.  A copy of the Summons and Complaint must be mailed to the Party served.  Service by substitution must show attempts (diligence).  Dates and times of all previous attempts of service declaration of diligence must documented on the Proof of Service.  The declaration of diligence will be on an attached page.