California Process Serving Cases and Opinions

These selected cases affect process servers and enhance the understanding of process serving laws and procedures in California. These opinions have been selected from over 600 that exist that directly or tangentially relate to service of process. If you find others please bring them to our attention.

Pasadena Medi-Center Associates v. Superior Court (1973) 9 Cal.3d 773, 108 Cal.Rptr. 828, 511 P.2d 1180 
Service valid when made on a person with ostensible authority, when plaintiff relies on agent who represented his authority to receive process, and defendant is estopped from raising service objections because person served was not authorized to receive service.

Arrieta v. Mahon (1982) 31 Cal.3d 381
Marshall cannot evict tenant unless tenant has been named in the unlawful detainer lawsuit.

Edwards v. Arthur Andersen (2008) ____ Cal.4^th_____
Employee noncompetition agreements invalidated unless they fall within a statutory exception involving a partner or stockholder of a corporation.

In re Ball (1934) 2 Cal.App.2d 578, 38 P.2d 411
Defendant cannot defeat service by walking away without taking documents.

Trujillo v. Trujillo (1945) 71 Cal.App.2d 257, 162 P.2d 640 
Service valid when documents placed under windshield of defendant's car and announcing service in a loud and clear voice.

Sanford v. Smith (1970) 11 Cal.App.3d 991, 90 Cal.Rptr. 256
Service by publication invalid without declaration re diligent search.

Golden v. Dungan (1971) 20 Cal.App.3d 295, 97 Cal.Rptr. 577  
Process server who pounded on a door at midnight in a loud and boisterous manner may be actionable as a claim for emotional distress.

Ludka v. Memory Magnetics Int’l (1972) 25 Cal.App.3d 316
Service made on a person sharing an office with the defendant, but not working for the same company, was legal and valid.

Cory v. Crocker National Bank (1981) 123 Cal.App.3d 665, 177 Cal.Rptr. 150, Cal.App.1.Dist.,1981
Capacity notice improperly marked on summons substantially complied with the statute because the corporation was the only named party and the proper person was served.

MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 200 Cal.Rptr. 286
It is the capacity notice on the summons, not the process server's proof of service, which asserts judicial power.

Slaughter v. Legal Process & Courier Service (1984) 162 Cal.App.3d 1236
Process server may be held liable for emotional distress if they improperly serve process.

Khourie, Crew & Jaeger v. Sabek (1990) 220 Cal.App.3d 1009, 269 Cal.Rptr. 687
Defendant will not be permitted to defeat service by rendering service impossible.

Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387, 8 Cal.Rptr. 351
Substituted service on a guard of a gated community who denies access may be sub-served as either a person in charge of the business or a competent member of the household when the defendant authorizes the guard to control access.

Ellard v. Conway (2001) 94 Cal.App.4^th 540, 114 CR2d 399 
Substituted service proper at Commercial Mail Receiving Agency, and due diligence requirement was satisfied by ascertaining forwarding address from US Postal Service.

Carr v. Kamins (2007) ____ Cal.App.4^{th _____}
Service by publication of a quiet title action invalidated on former owner's daughter who lives at the subject property.

Citizens for Civil Accountability v. Town of Danville (Homes), (2008) ____ Cal.App.4^th ____         Summary of Case
Clerk's e-mailed judgment, in accordance with trial court's electronic fling and service order. does not constituted "mail" to trigger 60-day notice of appeal requirement in California Rule of Court 8.104(a)(1)

Re Honorary Badges (2007) ____ Ops.Atty.Gen. _____ (06-307)
Does a sheriff's gift of an honorary badge to a private citizen violate California law?
        Jones and Mayer Article and Opinion on behalf of the California State Sheriff's Association

Return to Process Server Institute