A party to a California civil action may serve the summons and complaint on an opposing party by serving Notice and Acknowledgement of Receipt. (Code of Civ. Proc. §§ 415.30, 417.10.)
This method reduces expenses by obviating the need to locate and effectuate personal service upon the opposing party and provides for an opportunity to recover expenses if the opposing party refuses to cooperate. (Code Civ. Pro. § 415.30(d).)
"Until statutory [notice] requirements [of notice] are satisfied, the court lacks jurisdiction over a defendant.” (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801.)
The serving party's mailing to the opposing party must include:
(Code of Civ. Proc. § 1430(b))
The Summons, Complaint, Copies of the Notice and Acknowledgment form and SASE can be mailed by first-class mail or airmail, postage prepaid. (Code Civ. Pro. § 415.30(a).)
The signed Notice and Acknowledgment form must be submitted with the serving party's Proof of Service form. (Code Civ. Pro. §1013 (a) and (e)). Differences between the names and addresses listed on the forms may render service invalid. (Code Civ. Pro. § 527).
The notice requirement is not satisfied even by the defendant's actual knowledge. (Taylor-Rush v. Multitech Corp. (1990) 217 Cal.App.3d 103.)
Statutory methods of service are to be "strictly construed and a court does not acquire jurisdiction where personal service is relied upon but has not in fact taken place." (Kappel v. Bartlett (1988) 200 Cal.App.3d 1457.)
An official form, Notice and Acknowledgment of Receipt form, has been adopted for mandatory use by the Judicial Council. Using the form automatically satisfies the requirements of Code Civ. Pro. § 415.30. (Code Civ. Pro. § 415.30(e).)
If the Notice and Acknowledgment is signed and returned by the opposing party, the serving party's service is deemed complete on the date the opposing party signs the form. (Code Civ. Pro. § 415.30(c).)
If the opposing party refuses or otherwise fails to return the signed Notice and Acknowledgment of Receipt within 20 days of date the serving party mailed the form (the "Notice and Acknowledgment 20-day period"), the serving party can serve notice under an alternate method authorized by Code of Civil Procedure, Title 5, Chapter 4, Article 3, Manner of Service of Summons ("authorized alternate method of service"). (Code Civ. Pro. § 415.30(d).)
“Service” by e-mail, Facebook, LinkedIn, and overnight mail (without notice and acknowledgment of receipt, pursuant to Section 415.30) are insufficient. (Code Civ. Proc., §§ 415.10, 415.20, 415.30, 415.50,)
The opposing party must sign and return the Notice and Acknowledgment of Receipt within the Notice and Acknowledgment 20-day period.
Signing a postal service return receipt is not an acknowledgment of receipt of summons. (Tandy Corp. v. Sup.Ct. (Lekoff) (1981) 117 Cal.App.3d 911.)
Absent good cause as determined by the court, an Opposing party who fails to return the signed Notice and Acknowledgement of Receipt within the 20 day period is liable for "reasonable expenses... incurred" by the serving party to effectuate service under an authorized alternate method of service. (Code Civ. Pro. § 415.30(d).) The serving party can make a motion ("with or without notice") for the court to award the expenses, regardless of whether the serving party is otherwise entitled to recover costs in the action. (Code Civ. Pro. § 415.30(d).)
Code Civ. Pro. § 1013 extends certain time periods within which a party can respond to served documents (e.g. service by mail to an address outside of the United States), however none of these extensions apply to the Notice and Acknowledgment 20-day period within which an opposing party must return the signed form. (Code Civ. Pro. § 1013.)
"Except as otherwise provided by statute, the court obtains ‘jurisdiction over a party from the time summons is served on him." (Code Civ. Pro. §410.50.)
However, signing and returning a Notice and Acknowledgement of Receipt form is only a legal acknowledgment the forms were received, it does not acknowledge the legal effect of the forms; for example, it does not constitute the opposing party's consent to the court's jurisdiction. (See, e.g., In Re Marriage of Meredith, 201 P.3d 1056 (1982).)
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order DENISE HILL HEATHER LEDGERWOOD STONECREST ACQUISITIONS, LLC HEATHER LEDGERWOOD SYLVIA ANN COVINGTON
Feb 02, 2021
George
Contra Costa County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proof of mailing to surety. PrC § 1202 4. Adoption of the petition by petitioner’s counsel (signed only by petitioner) 5. Proposed Order Note: Letters Testamentary issued to David Crandall 6-3-2019.
Feb 02, 2021
Fenstermacher
Contra Costa County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) Note: Response and Objection filed by Annbritt Erickson 3-27-19.
Feb 02, 2021
George
Contra Costa County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 2. Proposed Order DOUGLAS HUTCHENS RACHEL H ROSENFELD GAIL LUANN AIELLO HUTCHENS FAMILY TRUST STEVEN M HUTCHENS PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1.
Jan 26, 2021
Fenstermacher
Contra Costa County, CA
Service is deemed complete, “on the date a written acknowledgment of receipt of summons is executed, if such acknowledgement thereafter is returned to sender.” (C.C.P. §415.30(c).)
Jan 22, 2021
Employment
Discrimination/Harass
Los Angeles County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property, including Richard Nace. PrC § 851(a)(2) 3. Proposed Order Notes: 1. Response filed by CSC Fiduciaries, Inc. 9-8-2020. 2. Response and Objection filed by Susan Nace Schmidt and Gordon Anders Schmidt.
Jan 14, 2021
George
Contra Costa County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property, including Bank of America and Pacific Life. PrC § 851(a)(2) Note: If petitioner seeks an order against Bank of America and Pacific Life, court would require personal service on them (PrC § 851(a)(2)).
Jan 14, 2021
George
Contra Costa County, CA
Ellison was served by emailing a copy of the Summons and Complaint accompanied by a Notice of Acknowledgment of Receipt to LHC’s corporate counsel in North Carolina, who was authorized to accept service on behalf of Ellison. (Ellison’s RJN, Ex.B). As such, personal jurisdiction over Ellison cannot be based on physical presence in California at the time of service. Burnham (1990) 495 U.S. 604, 612.
Jan 14, 2021
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Notice of Hearing must comply with PrC § 851(c), including a description of the property, description of the relief sought and statement advising that a response may be filed.
Jan 12, 2021
Fenstermacher
Contra Costa County, CA
Section 415.30 requires that mailing include a notice and acknowledgment of receipt to be signed by the defendant and a return envelope, postage prepaid, addressed to the sender. Similarly, Code of Civil Procedure section 415.40 requires for summons served on a person outside of California that the summons must be made “by sending a copy of the summons and complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt.”
Jan 08, 2021
Orange County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2), with the exception of Eric, who has been properly served 3.
Jan 07, 2021
Fenstermacher
Contra Costa County, CA
Appear at the hearing to report status 2. 30 days proof of personal service or 30 days proof of mailing with Acknowledgment of Receipt filed pursuant to PrC§ 851(a)(2) 3. File evidence of written demand for accounting as required by PrC §17200(b)(7). 4. File verified declaration by petitioner to include trustee of trust and trust beneficiaries as persons entitled to receive notice. LR 7.152 (a) 5. File verified declaration by petitioner to verify petition 6.
Jan 07, 2021
Fenstermacher
Contra Costa County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 4. Notice of Hearing must comply with PrC § 851(c), including a description of the property, description of the relief sought and statement advising that a response may be filed. 5. Proposed Order MELANIE S COLA JOSHUA P.
Jan 07, 2021
Fenstermacher
Contra Costa County, CA
Appearances 2. 30 days proof of personal service or 30 days proof of mailing with Acknowledgment of Receipt filed pursuant to PrC § 851(a)(2) Note: Response and Objection filed by Andre De Rouen 9-17-2020 and 9-21-2020. PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances 2. Proposed Order Notes: 1. Albert DeRouen’s Objection; Request for Surcharge; and Attorney’s Fees filed 9-16- 2020.
Jan 07, 2021
George
Contra Costa County, CA
Service of a summons may be accomplished by personal service, by substitute service, by mail with acknowledgment of receipt, or by publication. (Code Civ. Proc., § 415.10, et seq.) Petitioner previously filed two proofs of service. The first, which stated the Petition was served by mail and acknowledgement of receipt, was found insufficient because Petitioner did not file a copy of Respondents’ executed receipt form as required by Section 415.30. (11/30/20 Minute Order.)
Jan 07, 2021
Los Angeles County, CA
Harshana Patel and Paresh Patel each signed an acknowledgment of receipt of the notice of motion, motion, and supporting documents (ROA Nos. 37 and 38). Plaintiff personally served Defendant on November 30, 2020 (ROA No. 35 and 36). In light of the foregoing, the court grants the motion and issues a charging order against Defendant's transferable interests in the LLCs to satisfy the outstanding judgment.
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3.
Jan 05, 2021
Fenstermacher
Contra Costa County, CA
RE: PET’N TO EST LEGAL TITLE TO REAL PROPERTY FILED ON 09/21/20 BY MARTA D VAN LOAN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property.
Jan 05, 2021
George
Contra Costa County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property, except Susan Klein and John F. Klein who have responded. PrC § 851(a)(2) 3. Proposed Order Notes: 1. Response and Objection filed by Susan Klein 7/28/2020. 2. Response and Objections filed by John F. Klein 9/8/2020.
Jan 05, 2021
George
Contra Costa County, CA
On October 27, 2020, Plaintiffs filed proofs of service, for each Defendant, purporting to show service of the complaint, summons, and a prior motion for preliminary injunction by “mail and acknowledgment of receipt of service … to an address outside California with return receipt requested.” (See CCP § 415.40.)
Jan 05, 2021
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On October 29, 2020, Petitioner filed a Notice of Acknowledgment of Receipt. Legal Standard A third person who has a claim of ownership or a right to possession in property that is superior to a judgment creditor’s lien may file a third party claim. (Code Civ. Proc., § 720.110.) This procedure is also applicable to funds seized by a government agency. (Code Civ. Proc., § 688.030.)
Dec 31, 2020
Los Angeles County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 2. Verified declaration by petitioner to include copies of all trust instruments 3. Proposed Order JOHN SCOTT WHITTAKER JUDITH WHITTAKER-STEMMLER MICHAEL S.
Dec 22, 2020
Fenstermacher
Contra Costa County, CA
Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order Note: Response filed by Shirley Magana 11-19-19.
Dec 21, 2020
George
Contra Costa County, CA
Leonard ¶¶15-18 • However, Plaintiff signed every document her employer asked her to sign (excep according to Plaintiff the Arbitration Agreement (and the acknowledgment of receipt o the Employee Handbook); (Dec Leonard, Ex’s 1, 2,5,8) • Plaintiff e-signed Ex. 1 to her declaration, the Active Sports Club acknowledgment o receipt of the Employee Handbook on 3/11/14; (Dec Leonard, Ex. 1 • Plaintiff e-signed her “Candidate Profile” and W-4 withholding certificate. (Ex. C & D t DeParis Supp.
Dec 18, 2020
: Rebecca Connolly</p>
Santa Cruz County, CA
Leonard ¶¶15-18 • However, Plaintiff signed every document her employer asked her to sign (excep according to Plaintiff the Arbitration Agreement (and the acknowledgment of receipt o the Employee Handbook); (Dec Leonard, Ex’s 1, 2,5,8) • Plaintiff e-signed Ex. 1 to her declaration, the Active Sports Club acknowledgment o receipt of the Employee Handbook on 3/11/14; (Dec Leonard, Ex. 1 • Plaintiff e-signed her “Candidate Profile” and W-4 withholding certificate. (Ex. C & D t DeParis Supp.
Dec 18, 2020
: Rebecca Connolly</p>
Santa Cruz County, CA
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