Q: Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or served by mail?
If proposed third amended complaint gets filed with court, upon hearing on Motion for leave to file third amended complaint and Motion to Set Aside Dismissal against a defendant;
Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or by service by mail?
A: If the Other parties in the case have made an appearance, for example, by filing emotion, you can serve by mail or by electronic means.
A:
In California, when a plaintiff is granted leave to file an amended complaint and the amended complaint adds a new defendant or names a defendant who was previously dismissed from the action, the plaintiff must serve the amended complaint and the associated summons on the defendant in accordance with the rules for serving the original complaint and summons.
According to the California Code of Civil Procedure (CCP), the preferred method of service is personal service. CCP § 415.10 states:
"A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery."
However, if personal service proves difficult or impossible, the plaintiff may seek the court's permission to serve the defendant by substituted service or by publication, as outlined in CCP § 415.20 and § 415.50, respectively.
Service by mail is generally not an acceptable method for serving an amended complaint and summons on a defendant who was previously dismissed or is being added to the action for the first time. Mail service is only permissible in specific situations, such as serving a cross-complaint (CCP § 415.40) or serving a party who has already appeared in the action (CCP § 1013a).
In summary, when serving a third amended complaint and summons on a defendant in California, personal service is the preferred and most appropriate method. Service by mail would likely be insufficient in this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
