Service is the legally required delivery of a document. In a California eviction, delivery of a notice before a lawsuit and service of a summons and complaint after filing are separate stages. A method allowed for one document is not automatically allowed for the other.
A notice describes a demand concerning the tenancy and generally precedes an unlawful detainer case. California Code of Civil Procedure section 1162 sets out service methods for certain eviction notices, including personal delivery and, when statutory conditions are met, substituted service or posting and mailing.
Methods that require mailing are not completed merely by leaving or posting a copy. The applicable procedure depends on the notice and circumstances. Notice content is a separate issue, discussed in Defective Eviction Notices in California.
After a lawsuit is filed, court papers notify the defendant of the case. The landlord cannot personally serve the summons and complaint. California Courts describes service by another adult who is not a party to the case.
The server delivers the court papers directly to the defendant. The date of service affects the period for responding to the complaint.
When personal delivery has been attempted with the required diligence, substituted service may be available. It involves leaving papers with an appropriate person at a qualifying location and mailing another copy. The conditions for this method differ from the rules for delivering a notice before filing.
Posting and mailing the summons and complaint requires a court order. It is not an automatic alternative to personal service. California Courts explains the application and service process in its posting and mailing guide.
The response period depends on how court papers were served. Personal service generally starts a ten court day response period. With substituted service or court authorized posting and mailing, service generally becomes complete ten calendar days after mailing, followed by ten court days to respond. Special rules apply to service through the Safe at Home program.
The Answer to an Unlawful Detainer article discusses these response periods. They do not replace the separate rules for counting an eviction notice period.
Proof of service records facts about delivery, such as the documents served, date, location, method, and server. Court guidance uses Proof of Service of Summons (form POS-010) for service of the summons and complaint. The documentation for a notice before filing is different. Filing a proof of service does not itself resolve a dispute about whether service was valid.
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