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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

6-07/570.00 Minors


6-07/560.40 Department of Motor Vehicles
6-07/610.00 Incompetent or Where Guardian or Conservator Appointed

In general, a summons may be served on a minor by delivering a copy of the summons and complaint to his/her parent, guardian, conservator, or similar fiduciary.  If none of these can be found, serve:

  1. Anyone who’s in charge of the care or control of the child, or
  2. The person the child lives with, or
  3. The person who employs the child.

If the minor is more than 12 years old, a copy of the summons and complaint must also be served on the minor.  (CCP 416.60)  When receiving the summons from the plaintiff, knowledge of the age of the minor should be attempted.  If the minor is more than 12 years old, a second copy of the summons and complaint must be obtained.  If the summons is sub-served, four copies should be requested; the second set is for mailing.
Before a summons against a minor 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 minor after the words “on behalf of,” (2) checking the box “CCP 416.60 (Minor)” 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 the guardian and the minor.  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 Tom Jones, a minor, by serving his mother, Susan Jones.”  The process server makes contact with Susan Jones. The process server should attempt to verify the age of the minor.  In this example, Tom Jones is 13 years old.  The Proof of Service should state the party served: Tom Jones, by serving his mother, Susan Jones.  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 416.60 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.