Q: We have a lawsuit against a limited liability company here in California. Do we serve at the business address? Who do we serve?
P.M., Anaheim Hills
A: Limited liability companies in California are supposed to designate an agent for service of process with the California Secretary of State. Sometimes, it is a corporate agent (a clearinghouse for service of process on entities), or it could be an individual such as the LLC’s manager or attorney. In sum: The lawsuit papers should be served on the designated agent for service of process.
To find the designated agent, go online to the California Secretary of State’s website, click on “business search” and follow each prompt until you can fill in the name of the LLC or, if you have it, the entity number for the LLC. Assuming the LLC is registered, the information should show on your screen with the name and address of the agent for service of process (the party or person to be served).
If that search does not identify the agent, you can serve the LLC’s manager or a member of the LLC. Another option is to effectuate substitute service, which is explained below. If none of these options work, the California Secretary of State’s office can be served, but this is technical and requires compliance with a number of criteria.
Q: Our lawyer said we accomplished “substitute service” on the defendant in our case. What exactly does that mean?
K.C., Cerritos
A: The process for “substitute service” is found in California Code of Civil Procedure Section 415.20. It signifies that a party to a lawsuit has been served, albeit indirectly, by leaving the documents with another responsible person and then mailing a copy within 24 hours to the person.
Specifically, the process server makes several attempts to serve the papers; typically, this is three times. These are referred to as the “due diligence efforts.” On each occasion when service is attempted — say at the person’s home or place of business — he or she is not there, or does not come forward. On the next try, the process server leaves the papers with “a competent member of the household” or, if at a business, hands or leaves the papers with someone who appears to be in charge. Then, within 24 hours, the lawsuit papers are mailed to the named party at that address. This will accomplish substitute service.
Note that if papers are served on the person directly, he or she has 30 days to respond to the lawsuit. With substitute service, that response date is extended by 10 days, so 40 days to respond.
Process servers
If someone serves 10 or more papers in a year in California for compensation, he or she is required to register as a process server with the county clerk where the individual resides or has a business. The particulars are set forth at Business & Professions Code Section 22350-22360. The person must be 18 years of age or older, have no disqualifying felony, be a resident of California for at least a year, post a $2,000 bond, and undergo fingerprinting and a background check.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.