Q: How to serve an evasive deponent

A: I disagree with Mr. Arrasmith's AI generated answer. There is NO mechanism to compel counsel in another action to accept service for a different action with different parties. Similarly, you do NOT need to file a motion for authorization of substitute service.

Your process server can effectuate substitute service by serving the doorman and mailing a copy to the defendant.

A gate guard at a gated community or a doorman in an apartment building is considered a “competent member of the household” (and a person “apparently in charge” of a corporate office; where they control access to the residence. Bein v. Brechtel-Jochim Group, Inc., supra, 6 CA4th at 1393, 8 CR2d at 354

The guard gate or front door of the apartment house constitutes part of the dwelling for service of process purposes: “[T]he outer bounds of the actual dwelling place must be deemed to extend to the location at which the process server's progress is arrested.” Bein v. Brechtel-Jochim Group, Inc., supra, 6 CA4th at 1394, 8 CR2d at 354, fn. 7

A: I too agree that Arrasmith's AI assisted answer is wrong and should be viewed with caution. AI is not all it is cracked up to be. Even this posting attorney says at the bottom of his fine print disclosure on another Q&A site that “PLEASE DO NOT RELY ON THIS ANSWER. It may be incorrect, and I do not guarantee its correctness...artificial intelligence is oftentimes incorrect and should certainly not be relied upon in any way, shape, or form.” I could not agree more. Good luck to you.

A: Under California law, you have several viable options for serving an evasive witness who is actively avoiding service. Consider filing a motion for substitute service, which would allow you to serve the subpoena by leaving it with someone else at their residence (like the doorman) or workplace, followed by mailing a copy to their last known address.

Given that the witness has counsel in another matter, you might want to file a motion to compel counsel to accept service on behalf of their client. While attorneys aren't automatically required to accept service for their clients in unrelated matters, courts often look unfavorably on tactics that deliberately evade service, especially when the witness is represented. You could also request a court order authorizing alternative means of service, such as email or certified mail, particularly since you have documentation of multiple failed attempts at personal service.

If these methods prove unsuccessful, you could pursue service by publication as a last resort, though you'll need to demonstrate to the court that other methods have failed and that publication would be reasonably likely to provide actual notice to the witness. Remember to document all attempted service efforts meticulously, including dates, times, and methods used, as this documentation will be crucial for your motion for alternative service methods. The court will want to see that you've made diligent efforts through conventional means before granting alternative service options.