Legal Question in Business Law in California

The question may break down into two sub-issues: What form of "delivery" meets the requirements; and to whom may the notice be delivered.

There are numerous cases on the topic of what constitutes personal service or personal delivery, and the answers are somewhat different, depending upon the nature of the thing being delivered. The requirements for delivery of a subpoena are stricter that those governing delivery of a summons, for example, and those for delivery of contractual notices are apparently even less stringent. See, for example, In re Abrams (1980) 108 Cal.3d 685; Crescendo Corp. v Shelted, Inc. (1968) 267 Cal.App.2d 209; and Dill v. Bergquist Construction Co. (1994) 24 Cal.App.4th 1426, all containing detailed discussions of proper and improper delivery of notices of one kind or another.

I would say, without knowing more details of the "personal delivery" in your situation, that personal delivery would include delivery to an authorized agent of a party, e.g., his lawyer, or his receptionist, but would not include mailing. Delivery by a process server or anyone else willing and able to sign a proof of delivery would be OK. Stuffing the papers under the door or nailing them to the porch railing would not constitute personal delivery.

Many business contracts include instructions for delivery of notices, including the name and address of the individual. Often, mailing is contemplated by the contract, but personal delivery is an acceptable substitute even when the contract contemplates mailing.

I'd be happy to give you a more specific reply if you contact me privately with details.