Legal Question in Real Estate Law in California

This forum is not a convenient way to teach you how to properly have papers served. There are too many little tricky rules that foul up people who represent themselves, in addition to fly by night attorneys. I waste several hours every week waiting in court for my cases to be heard just because of the shear number of attorneys and pro pers who have not properly served the summons and complaint. In other words, I have to sit around and wait while the judge hears other cases that can't seem to get out of the gate.

Generally, substituted service can be used if a party can show that the defendant could not be served personally and due diligence has been shown. Substituted service does not mean serving the real estate agent. That service is invalid, and any attorney who tells you otherwise is wasting your time.

My best recommendation to you, if you insist on representing yourself, is to hire a registered process server, who can usually locate the defendant and have them property served.

The acceptable means of service depend upon whether the defendant-to-be is an individual or some kind of organization such as a corporation. (I assume you are referring to service of the summons and complaint). Code of Civil Procedure sections 415.10 through 415.95 cover service on individuals and businesses of unknown type, and the methods discussed include personal service and service by mail and upon third persons (both of the latter are subject to strict rules which must be read, understood and followed). There is also, as a last resort, service by publication. CCP sections 416.10 through 416.50 generally cover service of initial process on corporations, minors, public entities, etc. I recommend that you consider having a professional process server handle your service of process. The better ones have resources and tools for locating parties. Unfortunately, not all process servers always do their work diligently, so this is not a complete substitute for studying the CCP and verifying that the service of process seems to have been done properly.