Legal Question in Civil Litigation in Massachusetts

Out of state service in California lawsuit

This is an easy one. Under California Code of Civil Procedure section 415.40, you may serve an out-of-state defendant by mailing a copy of the summons and complaint to them by first-class mail and obtaining a return receipt from the post office. (Note to any other readers -- this method is NOT sufficient for defendants inside California!!!)

The mail must be sent to "the person to be served." Assuming that the magazine is a corporation, you must address the mail to an individual rather than to the company, and the individual must be among the group specified by statute to be served on the company's behalf. This group includes the company's president, vice president(s), secretary, etc. It is unclear whether you need the name of the individual or whether just addressing the envelope with their title will suffice; if you can find the name, it seems wise to use it.

You also have to specify on the summons that the individual is being served on behalf of the corporation.

The service will be deemed completed ten days after mailing, provided that you actually receive the receipt.

Please note that there are other methods of service which might make more sense in a given situation, possibly including yours. This is just the easiest way to serve them.