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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

6-07/610.00 Incompetent or Where Guardian or Conservator Appointed


6-07/570.00 Minors
6-07/620.00 Political Candidates

A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause shown, the court in which the action is pending may dispense with delivery to such person.  (CCP 416.70)

Before a summons against an incompetent 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 incompetent after the words “on behalf of,” (2) checking the box “CCP 416.70 (conservatee)” and (3) when applicable, checking the box “You are served as an individual defendant.” This shall be done on the copy of the summons that is left with the guardian or conservator.  If the summons is served using the substitute method, all copies of the summons shall be completed in this manner.

Where no guardian has been appointed, personal service upon an alleged incompetent is sufficient.  (Olivera v. Grace, 19 CA 2d 570; Briggs v. Briggs 160 CA 2d 312)  A conservator is often appointed by the superior court to handle property of older people.

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, by serving Joseph Smith, court appointed conservator.”  The process server makes contact with Joseph Smith.  The Proof of Service should state the party served: Tom Jones, by serving Joseph Smith, conservator.  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 416.70 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.