Legal Question in Civil Litigation in California
I know that when serving a lawsuit and summons, it has to be personally served by a non-party/plaintiff, in person.... And when serving a 90 Day Notice of Intent Letter (for Medical Malpractice actions) it can be done by standard mail, and the day that it's dropped in a mail box/post-marked by the Post Office, is the day it counts as the day it was served on defendant(s), that triggers the 90 day count.....But what about a Government Claim form (to be served on a State Agency-the Department of Motor Vehicles, "DMV"). Does it have to be personally served on the DMV, in person (by a non-party or proposed Plaintiff) or can it be served via E-Mail or Standard Mail, and if served by standard mail, does the day it gets postmarked by the post-office the day it counts as being served or when the DMV receives it, before the 6 month deadline?
2 Answers from Attorneys
It can be delivered by any method and the claimant can deliver it themselves or someone cand o it for them, but it must be received by the public entity before the deadline.
I agree with Mr. McCormick. It can be delivered in person or in mail. There is no third party requirement to do the service. Unlike other types of notice, however, it must be received by the government entity before the time runs.
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