Legal Question in Civil Litigation in California

No. Personal service on an individual means actually giving the papers to that person or someone who is legally authorized to accept them on his behalf. His wife -- assuming that's who it was -- lacks that authority unless he has given it to her expressly.

When a plaintiff is unable to serve an individual defendant despite reasonable diligence, he can resort to "substituted service" -- a delivery to the defendant's address followed up by mailing the documents to the same address. Reasonable diligence usually entails three good-faith attempts at personal service. What your friend did might not qualify, since he did not even ask to speak with the defendant despite learning he was present.

You should hire a professional process server to do this for you if possible. The rules are a bit more intricate than my summary might suggest. Additionally, you will need a valid proof of service to file with the court. Most process servers know how to prepare one, but you might not.

Good luck.

No. It has to be handed to the defendant or if they refuse to take it, it can be laid at their feet or otherwise left in their presence. The person serving the papers must be within normal speaking distance and inform the defendant that they are being served with legal papers. No specific words are required, just something to inform the defendant that they are being served with legal papers. Only if the process server has made at least three attempts at different times of day and all known addresses for the defendant, is "substituted service" allowed. Substituted service is made after the attempts, by leaving the papers with someone at least 18 years old and apparently a resident or in charge of the premises at a known address for the defendant AND THEN mailing a copy to the same address. Service by substituted service is not effective until ten days after both delivery to the address AND mailing are completed.

I disagree with the previous responses. It is not proper personal service, but if prior attempts were made, then it may be the first half of what is known as "substituted service."