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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

6-07/530.30 Association


6-07/530.20 General or Limited Partnership
6-07/530.40 Limited Liability Partnership

Service on an association not a general or limited partnership may be by delivery to:

  1. The person designated as an agent for service as filed with the Secretary of State (CCP 416.40 (a))
  2. President or other head of the association,
  3. Vice president,
  4. Secretary or Assistant Secretary,
  5. Treasurer or Assistant Treasurer,
  6. General manager, or
  7. Authorized person by the association to receive process

The court may order that service be made upon the unincorporated association by delivery of a copy of the process to any one or more of the association’s members designated in the order and by mailing a copy of the process to the association at its last known address.  Service in this manner constitutes personal service upon the unincorporated association.  (CORP 18220)  The service can be effectively made even after dissolution of the partnership.  (Cotton v. Perishable Air Conditioners, 18 CA 2d 575)

An unincorporated association is a group of members who share a common purpose and who function under a common name, including churches, labor unions, political parties, professional or trade associations, social clubs, and homeowners' associations.  (Barr v. United Methodist Church, 90 CA 3d 259; Tenants Association of Park Santa Anita v. Southers, 222 CA 3d 1293)

Service of only one copy of the summons and complaint on a partner is sufficient to bind both the partnership and the partner served where both the partnership and the partner are named defendants. (Bruhnke v. Wilson, Los Angeles Superior Court App.  Dept., Civ. App. 4538, citing Colquhoun v. Pack, 28 CA 319, and Morrisey v. Gray, 162 C 638, 644-7).  However, the notice to the person served on the copy of the summons must also indicate that service is made upon the person as an individual as well as on behalf of the associates, and the certificate of service must recite such notification.  (CCP 412.30)

Notice of the capacity in which a person is served on behalf of a partnership or other unincorporated association in the manner prescribed by CCP 412.30 must appear on the copy of the summons that is served.  No default in a case may be taken against any partnership or other such association 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 associates, the notice must so indicate.

Before a summons against an unincorporated association 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 Association (or other unincorporated association).”  The process server discovers the president of the association is Tom Jones and instructions for service request service on Tom Jones, President.  Contact is made with Tom Jones.  The Proof of Service should state the party served: Ace Distributing Association by serving Tom Jones, President.  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.