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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 / 6-07/510.00 Corporation

6-07/510.20 Foreign Corporation or Company


6-07/510.10 Forfeited or Dissolved (Defunct) Corporations
6-07/510.30 Joint Stock Company or Association

Foreign Corporation means a corporation not incorporated under the laws of this State.

Service of a summons against a foreign corporation or a nonresident joint stock company or association doing business in California is provided by 2100-2116 of the Corporations Code and CCP 416.10 (refer to 6-07/510.00).  In addition to its officers and agents that can be served, a foreign corporation may be served by serving its general manager in this State.  Service on a person who is the general manager of the area involved is good service where there is no one general manager functioning throughout the State.  (Eclipse Fuel v. Superior Court (1957) 148 CA 2d 736)

If no officer or agent can be found, the court may order service to be made on the Secretary of State, or an assistant or deputy.  No court order is required when the foreign corporation has surrendered its right to transact intrastate business pursuant to the Corporations Code.  (CORP 2114)

Before a summons against such a foreign corporation or a nonresident joint stock company or 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 foreign corporation or a nonresident joint stock company or association after the words “on behalf of,” (2) checking the box “CCP 416.10 (Corporation)” and, (3) when applicable, checking “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 by serving Tom Jones, General Manager of Ace Distributing Company, a corporation.”  Contact is made with Tom Jones.  The Proof of Service should state the party served: Ace Distributing Company, a corporation.   Tom Jones, General Manager on behalf of Ace Distributing Company, a corporation.  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.