Service by Publication – only on affidavit from P’s atty that D cannot be served, after demonstrating reasonable diligence to serve D in another wayĬorporations – deliver process to agent for service of process or to an officer, or general mgmt – these ppl may be served personally or process left w/someone apparently in charge at office during office hrs Service is deemed complete when the D executes the waiver Works like waiver in fed crt, except this is considered “service” and not “waiver of service”ĭ has 20 days (instead of 30 days in fed. Waiver by mail – mail to D a copy of the complaint and 2 copies of a waiver form, w/a prepaid means of returning the form – if D executes and mails the waiver form to P w/in 30 days, D waives formal service Ii) Substituted – Can only use sub service to serve an individual if personal service “cannot w/reasonable diligence” be had – must try personal service FIRST, if unsuccessful then: (1) must be made at D’s usual abode, (2) left w/a competent member of household who is least 18, (3) that person must be informed of its contents, and (4) process must ALSO be mailed by 1 st class mail, postage prepaid to D (effective 10 days after mailing) Personal – papers given to D anywhere in CA Quasi in rem jurisdiction – see in remĭelivery of summons and copy of complaint to D. If dispute not related to prop attached→ must satisfy Intl Shoe (above)ģ. If dispute related to prop and if property in state→ jurisdiction. Remember: My Parents Frequently Forgot to Read Children’s Stories S tate’s interest – interest in protecting citizens or providing redress for a resident General Personal Jurisdiction – D w/continuous and systematic ties w/CA may be sued there for any claim that arose anywhere in the worldĬ onvenience – OK unless puts D at severe disadvantage – relative wealth of parties not considered Specific Personal Jurisdiction – D w/limited ties w/the forum can only be sued there for a claim arising from those activities R elatedness between the contact and P’s claim – Does claim arise from D’s contact with CA? Interactive website used by state’s residentsį oreseeability – That D would get sued in CA.į airness (fair play and substantial justice) P urposeful availment – D voluntarily reached out to forum. M inimum contacts – some tie w/ D and the forum Gives CA courts power over any person or property over which the state can constitutionally exercise jxd Test: Does defendant have such minimum contacts with CA such that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice ? (Intl Shoe Test) Presence in CA when served (unless procured by fraud). – Contact b/n D and CAĭomicile in state (place where person maintains his permanent home) Does the Ct Have Authority Over the Parties? Personal Jurisdiction – Can P sue D in CA? DOES THE CT HAVE AUTHORITY TO DECIDE THE DISPUTE?Ī. California Civil Procedure for the California Bar Exam CALIFORNIA CIVIL PROCEDURE
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