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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

6-07/560.00 Public Entities


6-07/550.00 Vessel Defendant
6-07/560.10 State of California

The term “public agency,” means a district, public authority, public agency, and any other political subdivision or public corporation in the state, and includes the state or a county, city and county, or city.  The Secretary of State maintains a Roster of Public Agencies, and every public entity is required to submit the names and addresses of its governing board members and officers for inclusion in said roster.  The county clerk of each county is required to maintain a similar roster for those public agencies having offices within the county.  (GC 53051(c))

Service on a Public Entity may be made by delivery to: (CCP 416.50)

  1. Clerk
  2. Secretary
  3. President
  4. Presiding officer
  5. Other head of its governing body

Before a summons against a public entity is assigned out for service, the “Notice to the Person Served” at the bottom of the summons shall be completed by (1) inserting name of the defendant after the words “on behalf of,” (2) checking the box “other” and inserting “CCP 416.50 (public entity) and, (3) when applicable, checking the box “as an individual defendant.”  This shall be done on the copies of the summons that are left with defendant.  If the summons is served using the substitute method, all 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 City of Los Angeles.”  The process server discovers the City Clerk is Tom Jones and instructions for service request service on Tom Jones, City Clerk.  Contact is made with Tom Jones.  The Proof of Service should state the party served: City of Los Angeles by serving Tom Jones, City Clerk.  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.  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.