Legal Question in Civil Litigation in California

service on agent for corporation

My client is being sued in cal superior ct. and the summons and

complaint only name the corporation as the defendant. The

process server served the summons and complaint on the

corporations secretary telling her to give it to the agent listed on

the cal secreatry of state website but on the website it lists a

different address then the corporate one as to where he is

located to be served. Is this an effective service? And if not, is a

motion to quash possible?


Asked on 3/12/09, 4:42 am

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: service on agent for corporation

Since the legal requirement is that you must serve someone you can reasonably believe will give the summons and complaint to the person who is authorized to accept serve, I would think that it probably is good service. Actually, he should have just served the corporation's secretary, which they will do if you successfully challenge service. Why spend your client's money on something that will not win but only delay and show that you are unco-operative?

Read more
Answered on 3/12/09, 10:36 am
Adam Telanoff Telanoff & Telanoff

Re: service on agent for corporation

Service on a corporation is good when made on any officer, including the secretary of the corporation.

Service on an administrative assistant/secretary could still be good substitute service.

A motion to quash may be possible, but does not seem to have much economic reason. If the corporation is in business, effective service is easily accomplished.

Read more
Answered on 3/12/09, 12:49 pm
Mark Russakow Russakow, Ryan and Johnson

Re: service on agent for corporation

The service is by sub service and can be ok, but it is not really that important because instead of wasting money on motion to quash, and then having them serve it propertly, which they will do, it is better to deal with the complaint and issue. But you can do a motion to quash, but not likely to be granted.

Read more
Answered on 3/12/09, 1:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: service on agent for corporation

I agree with Mr. Shers, Telanoff and Russakow. The designated agent is someone who must accept service for the corporation, but that does not mean he is the only person who can be served.

Read more
Answered on 3/12/09, 2:57 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California