Legal Question in Civil Litigation in California
service on agent for corporation
My client is being sued in cal superior ct. and the summons and
complaint only name the corporation as the defendant. The
process server served the summons and complaint on the
corporations secretary telling her to give it to the agent listed on
the cal secreatry of state website but on the website it lists a
different address then the corporate one as to where he is
located to be served. Is this an effective service? And if not, is a
motion to quash possible?
4 Answers from Attorneys
Re: service on agent for corporation
Since the legal requirement is that you must serve someone you can reasonably believe will give the summons and complaint to the person who is authorized to accept serve, I would think that it probably is good service. Actually, he should have just served the corporation's secretary, which they will do if you successfully challenge service. Why spend your client's money on something that will not win but only delay and show that you are unco-operative?
Re: service on agent for corporation
Service on a corporation is good when made on any officer, including the secretary of the corporation.
Service on an administrative assistant/secretary could still be good substitute service.
A motion to quash may be possible, but does not seem to have much economic reason. If the corporation is in business, effective service is easily accomplished.
Re: service on agent for corporation
The service is by sub service and can be ok, but it is not really that important because instead of wasting money on motion to quash, and then having them serve it propertly, which they will do, it is better to deal with the complaint and issue. But you can do a motion to quash, but not likely to be granted.
Re: service on agent for corporation
I agree with Mr. Shers, Telanoff and Russakow. The designated agent is someone who must accept service for the corporation, but that does not mean he is the only person who can be served.