Legal Question in Civil Litigation in California

Trouble serving a corporation

I filed for a notice to appear for examination and on the form I named the agent of service to be served inside the corporation. When the trial came the clerk of the court dismissed us because the sheriff had served another officer of the corporation instead. I filed again for the same thing, again listing the same agent of service to be served by the sheriff, and again one of the corporate officers accepted on their behalf. I've had lots of conflicting information saying that either the court was right the first time around, or that anyone in the corporation who is authorized to accept service can in fact be served, regardless of who's named on the application. Any laws favoring one side or the other?


Asked on 2/10/04, 11:14 pm

2 Answers from Attorneys

Re: Trouble serving a corporation

If the corporation is authorized to do business in the State of California the easiest way to serve the corporation is to serve the registered agent for service of process. You can get the information from the website for the California Secretary of State.

J. Caleb Donner

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Answered on 2/11/04, 12:16 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Trouble serving a corporation

You must serve the summons and complaint (in small claims, the Plaintiff's claim) on an officer of the corporation or its agent for service of process. The proof of service must state what relationship the person has to the corporation.

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Answered on 2/11/04, 12:41 am


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