I recently got a call from a colleague with an interesting question about summons service on an agent for service of process (her client) whose address was a commercial mail receiving agency (CMRA). Her client provided the firm with a copy of the summons and complaint that had been left with the clerk of the CMRA. The question was, “Is this considered personal service?”
The answer is that service in that scenario would not qualify as personal service but instead as substitute service under California law.
What the Code of Civil Procedure Has to Say
Under Code of Civil Procedure section 416.10, a corporation may be served by delivering the summons and complaint to its designated agent for service of process (as listed with the Secretary of State). Normally, that means personal delivery to the individual agent. However, if the agent’s listed address is actually a CMRA, like a UPS Store, Postal Annex, or similar, the person behind the counter is not the agent. They’re merely an employee of the mail business.
What That Means in Practice
If a process server leaves the summons and complaint with a clerk or employee at the CMRA, the service is not personal service on the agent; it is substitute service governed by Code of Civil Procedure section 415.20(a) (for business addresses).
The requirements are:
Leaving copies with the person apparently in charge of the office (the CMRA clerk counts); and mailing a copy by first-class mail, postage prepaid, to the same address; and service is deemed complete 10 days after mailing.
Important Note
Courts have recognized that many corporations list a CMRA address as their agent’s address with the Secretary of State, but that doesn’t transform the mail clerk into the agent. You can still serve at that address, but it’s only effective as substitute service and must include the mailing step and deemed completion timeline to be valid.
Categorized in: Legal Procedure
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