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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 / 6-07/530.00 Partnerships or Other Unincorporated Associations

6-07/530.20 General or Limited Partnership


6-07/530.10 Properly Named Defendant
6-07/530.30 Association

Service on a general or limited liability company is effected by serving the person designated as its agent for service of process.  If its designated agent is a corporation, service must be made on the person listed as the corporation’s agent for service of process on its information return filed with the Secretary of State.  Service on a partnership may be made by delivery to:

  1. The person designated as an agent for service with Secretary of State, (CCP 416.40 (a))
  2. A general partner, (CORP 15901.16 (b)),  
  3. To the party designated by court order.  (CORP 18200), (CCP 413.30)
  4. Secretary of State or any employee of the Secretary of the State by court order (CORP 16310)
  5.   A general manager. (CCP 416.40 (c))

Before a summons against a partnership is assigned out for service, the “ Notice to the Person Served” at the bottom of the summons shall be completed by (1) inserting the name of the defendant partnership or unincorporated association after the words “on behalf of,” (2) checking the box “CCP 416.40 (Association or Partnership)” and, (3) when applicable, checking the box “as an individual defendant.”  This shall be done on the copy of the summons that is left with the defendant.  If the summons is served using the substitute method, both copies of the summons shall be completed in this manner.

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 partnership.”  The agent for service is listed as Tom Jones and instructions for service request service on Tom Jones, Authorized Agent for Service.  Contact is made with Tom Jones.  The Proof of Service should state the party served: Ace Distributing Company, a partnership.   Tom Jones, Agent for Service of Ace Distributing Company, a partnership.  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.