Legal Question in Administrative Law in California

Re: Service of Process

If you don't know the answer to this question, what are you doing? Why don't you have a lawyer?

The requirements for service of process on state agencies is in Government Code � 955.4, you serve the Attorney General.

If you didn't present a claim, and comply with the other specialized laws regarding lawsuits against the state, you'll lose.

Re: Service of Process

Almost all claims, whether tort-related or based on contract, fall under the Government Tort Claims Act, which provides that if the claim is against the State of California, service of process must be made on the Attorney General. See Government Code section 955.4(a); there are two minor exceptions in 955.6 and 955.8, neither of which is likely to apply to a claim against the Dept. of Insurance.

If the claim is against a public entity other than the state or one of its departments, e.g., if the claim is against a city, county, special district, etc., service falls under Code of Civil Procedure section 416.50(a), which provides that service may be on its clerk, secretary, president, presiding officer or other head of its governing body. The identity of such person(s) can be ascertained from the Roster of Public Agencies maintained by the Secretary of State pursuant to Government Code section 53050.

The following address was copied from the Attorney General's Web site at www.ag.ca.gov and should be the right one for most services of process, but I cannot guarantee it:

Office of the Attorney General

1300 "I" Street

P.O. Box 944255

Sacramento, CA 94244 plus 2550