Legal Question in Construction Law in California

The answer to the question you ask is "yes." An employee and the corporation he or she works for are not the same party. However, I think it would be unwise for a director, officer or major shareholder to carry out a mail service because they are so closely identified with the corporation and its interests.

Your question suggests another possible issue. A corporation cannot represent itself. Only attorneys licensed to practice in California may represent anyone in court. Therefore, the corporation must be represented by a California-licensed attorney. If your corporation has been sued but needs more time to answer (or demur, etc.), it should be preparing, filing and serving a Judicial Council Form CM-020, which is an ex-parte application for extension of time to serve a pleading. It has a line toward the bottom which must be signed by an attorney or an individual in pro. per. representing himself or herself, but not for a corporation representing itself. The employee can sign the proof of service, but the application itself "must" be served by a lawyer representing the corporation.

I put the word "must" in quotations because, in actual practice, the judge is rather likely to sign the order anyway, and it will be valid unless and until the plaintiff yelps about it, but it's better to anticipate the future and go out and get legal representation now, just to be sure.