Proof of Service SubstitutedCal. Super. - 6th Dist.February 28, 2020AF” \ Ii IS -1 04 Proof of Service Use this form to serve a peISOn, a business, or a public entity. To learn more about proof of service, read What Is "ProofofService"?, Form SC-l 04B. To learn more about how to serve a business or entity, read How t0 Serve a Business 0r Public Entity, Form SC-104C. T0 serve a business, you must serve one ofthe following people: - Owner (for a sole proprietorship) - Partner (for a partnership) 0r general partner (for a limited partnership) - Any officer or general manager (corporation or association) ° Any person authorized for service by the business (corporation, association, general partnership, limited partnership) - Any person authorized for service with the Secretary of State (corporation, association, limited liability company [LLC], limited liability partnership [LLP], limited partnership) ‘ To serve a public entity, you must first file a claim with that entity, then serve one ofthe following people: - Clerk (of a city or county) - Chief officer or director (of a public agency) - Any person authorized for service by the entity ® a. Ifyo a e serving efon, write the person’s name below:cm 1/ dtm‘oénmb b. Ifyou are serving a business 0r entity, write the name of the business 0r entity, the person authorized for service, and that person’sjob title: Business or Agency Name Person Authorized for Service Job Title Instructions to Server: Clerk stamps date hem when form is filed. Fill in court name and streeYaddress: Superior Court of California, County of Superior Court-Civil Division 191 N. First St. San Jose, CA 9511a Fifi in case number, case name, hearing date, day, time, and department below: Case Number: 20 sc 082769 Case Name: Hearing Date: Time: Dept: You must be at least 18 years old and'not be named in this case. Follow these steps: ° Give a copy of all the documents checked in® t0 the person in©, 0r ° Give a copy of all the documents checked in® to one ofthe following people: a. A competent adult (at least 18) living with, and at the home of the person in , or b. An adult (at least 18) who seems to be in charge at the usual workplace of the person in @, or c. An adult (at least 18) who seems to be in charge where the person in ®usually receives mail (but not a U.S. Post Office box), if there is no known physical address for the person in®. and mail a copy of the documents lefi with one 0f the adults in a, b, 01' c above to the person in @. THEN - Complete and sign this form, and - Give 0r mail your completed form to the person who asked you t0 serve these court papers, in timefor theform t0 befiled with the court at least 5 days before the hearing. | served the person in® a copy of the documents checked below: a. E 30-100, Plainn'fi‘s Claim and ORDER to Go to Small Claims Cour: b. D SC-120, Defendant’s Claim and ORDER t0 G0 to Small Claims Court $3 Judicial Council of Cal’rtarnia, www.courfinfacagov Revised January 1. 2009, Optional Fon‘n Code 01 Civil Procedure. §§ 116.340. 41 5.10. 41520 c. D Order for examination (Thisform must be personally served. Check theform that was served): Note: 1713 court can issue a civil arrest warrant tfthe servedparry does not come to court only tffize orderfor examination was personally served by a registeredprocess server, Shertfl marshal, 0r someone appointed by the court. (1) D SC:134, Application ana' Order t0 Produce Statement ofAssets and t0 Appearfor Examination (2) D AT-138/EJ-125, Application and Orderfor Appearance and Examination ' d. D Other (spectfil): Proof of Service SC-1 04, Page 1 of2 (Small Claims) ') Case Number: Case name: Q) Fin out "a" or “b” belpw: a. D Personal Service: I personally gave copies of the documents checked in® t0 the person in@z On (date):--- At (time): ___---- D a.m. D p.m. At this addrefss: City: State' ' Zip: b. El Substituted Service: I personally gave copies of the documents checked in© (a, b, or d) t0 (check one): E/A competent adult (at least 18) at the home of, and living with the person in® , or D An adult who seems t0 be in charge where the person in® usually works, 0r D An adult who seems to be in charge where the person in®usually receives mail, 0r has a private post office box (not a U.S. Post Office box), if there is no known physical address for the person in®. I told that adult, "Please give th se co papers to (name ofperson in®." Idid this on (date): {)3 {)2 20/2 0 At (time):// 38 m. D p.m. Atthis address: “1%[95 gifhfi H WC' ULWH' 6 .Citygi; momma 1+1” State: M Zip: ago 37 I N me 6r deévcgfiion ofthe person I gave Q16 papers t0: Ana? l Irq er) ’FUYWVI‘EJW flab 0F l5 WWW“ Lubes MW 41%2, Ppbs’fggn bum QWKDQJ IM&MB4V 1 Afier serving the court papers, I put copies ofthe documents listed in® in an envelo , sealed the envelope, and put first-class prepaid postage on it. I addressed the envelope t0 the person in® at the address where I left the copies. . _ Imailed the envelope on (date)&i‘ZD_ZD_from (city, state): LA/ln ("9;er "£1 I I Cad by leaving it (check one): | J j aflfit a U.S. Postal Service mail drop, or b. D At an office or business mail drop where I know the mail is picked up every day and deposited with the U.S. Postal Service, or c.D With someone else I asked to mail the documents to the person in G), and I have attached that person‘s completed Form SC-104A. ® Server’s Information Name: AlEiaN'r‘O [REGR- Phonezt fllfiiafl'a$79 Address: [bufSD DP! Maqk I V6 W’s City: Maggy} Hf“ State: (Q- Zipi 950?? DO Fee for service: $ 50o Ifyou are a registeredprocess server: county 0f Tegisn’afioni Registration number: ® Ideclare under penalty of perjury under California state law that I am at least 18 years old and not named in this case and that tt_1e information above is true and correct. Date: 03 07- 20 Z)4 leiadro ”D fa? } fl Type 0r print Mwer’s name ServelLfigns here after serving Revised January 1. 2009 Proof of Service 80-1 04, Page 2 Of 2 (Small Claims) -0! What is “service”? “Service” 0r “serving” is when someone-notyou or anyone else listed in this case-gives a copy of your court papers to the person, business, 0r public entity you are suing. Service lets the other party know: - What you are asking for ° When and where the trial will be and ° What the party can choose t0 do There are strict rules for serving court papers. This form explains how to serve these forms: ° Form SC-100, Plaintifik Claim - Form SC-120, Defendant ’s Claim How is service done? This form tells you how to serve by personal service or substituted service. Personal service means someone gives the papers directly t0 the person being sued or to the agent authorized to accept service (business or public entity). Substituted service means someone gives the papers to an adult where the person lives, works, or receives mail (including a private post office box, but not a U.S. Postal Service P.O. Box). What if'the court papers do not get served? Thejudge cannot hear your case unless the court papers were served correctly. Can the court serve the papers for me? Yes. You can pay the court t0 mail your claim to the person you are suing. But if the person you are suing or the person’s agent for service doesn’t sign the U.S. Postal Service mail receipt with his or her complete name, or if someone else signs the receipt, you will have t0 serve again using personal or Substituted service. Who can serve? You can ask a friend, a process server, or the Sheriff. The server must be at least 18 and not listed in the case. A “process server” is someone you pay to deliver court forms. Look in the Yellow Pages under “Process Serving.” The Sheriff(0r Marshal ifyour county has one) can also deliver court forms. Ask the court clerk how to contact the Sheriff. Or look in the county section of your phone book under “Sheriff.” You must pay the server, unless you qualify for a fee waiver. £5:- SC"~104B . Whatls “Proof of Service”? How is personal service done? Ask someone who is at least 18 and not listed in this case t0 personally “serve” (give) a copy ofyour court papers to the person or the agent authorized t0 accept court papers for the person, business, or public entity listed on Form SC-104. Give the server a separate ProofofService form for each person, business, or public entity you are suing. And tell the server t0: ° Walk up to the person to be served. '- Say, “These are court papers.” ° Give the person copies 0f all papers checked on Form SC-104, ProofofService. If the person won’t take the papers, just leave them near the person. It doesn’t matter if the person tears them up. - Fill out and sign page 2 0f Form SC-104, Proofof Service. How is substituted service done? If you don’t want to use personal service 0r can’t find the person to be served, ask someone who is at least 18 and not listed in this case to serve the court papers. Give the server a separate ProofofService form for each person, business, or public entity you are suing. Tell the server t0 give the papers to: ‘ - A competent adult (at least 18) at the home of and living with the person to be served or - An adult who seems t0 be in charge where the person to be served usually works 0r ° An adult who seems t0 be in charge where the person receives mail (including a private mailbox, but not a U.S. Postal Service P.O. Box). Note: This is only for cases where the physical address 0fthe person t0 be served is not known. Then d0 the following: ° Write down that person’s name and say, “Please give these court papers to [name ofperson to be served].” If the person does not want t0 give his or her name, describe the person you served. - Give that person copies of all papers checked on Form SC-l 04, Proofof Service. Ifthe person won’t take the papers, just leave them near the person. ' Mail another copy 0f the papers (by first-class mail) to the person being sued at the same address where you lefi the papers. ¥ - Fill out and sign page 2 ofForm SC-104, Proofof Service. Judicial Counci! of Calflomia. www.oouflscagov Rev. January 1, 2011 What ls “Proof of Service”? (Small Claims) SC-1 O4B. Page 1 of2 .9 SC"04B What Is “Proof of Service”? What does the server do with the original Proof of Service form? If a process server 0r Sherifi’ served the papers, he or she can file Form SC-104, ProofofServz'ce, with the clerk. If the server used a different ProofafService form, ask him or her to list each paper served 0n the form. Also make sure that the registered server will file the original directly with the court and will mail you a COpy of the filed form. Take it with you when you go to court. Ifa fiiend served the papers, tell him or her to give the completed form back t0 you. Keep a copy for your records and take the copy with you when you go t0 court. You need to file the original completed ProofofService form 5 days before your trial. When do the court forms have to be sewed? - If you are serving Form SC-100, Plaintifl’s Claim, look at the trial date on page 1. Then, look at a calendar. ’ For personal service, subtract 15 days from the trial ' date (or 20 days if the person, business, or public r entity is located outside the county). That’s the deadline for serving your small claims forms..But you can serve the forms before the deadline. For substituted service, subtract 25 days from the date the server mailed a copy 0f the court papers served (or 30 days if the person, business, 0r public entity is located outside the county). That’s the deadline for serving your small claims forms. But you can serve the forms before the deadline. If the person, business, or public entity t0 be served is outside California 0r ifyou are serving a different form, ask the Small Claims Adviser for more information. ' If you are serving Form SC-120, Defendant’s Claim, look at the trial date 0n page 1. Then look at a calendar. For personal or substituted service, subtract S days from the trial date. That’s the deadline for serving your small claims forms ifyou were served at least 11 days before the trial. Ifyou were served 10 days or less before the trial date, you must serve at least 1 day before the trial. But you can serve the forms before the deadline. What if | can’t get the court papers served before the trial? If you were not able to serve your claim (Form SC-lOO or SC-120) before the deadline for service, talk to your Small Claims Clerk. Each county has its own rules. If you already served your claim on some parties but not everyone you are suing, you may need to fill out and file Form SC-150, Request t0 Postpone Trial, at least 10 days before the trial date (0r explain why you couldn't meet the 10-day deadline). Then give or mail a copy of ‘this form to all other Plaintiffs and Defendants listed on your court papers. The court may postpone your trial for 15 days or more, Who do | have to serve? Ifyou are suing a person (0r people)-not a business 0r public entity-serve each person you arc suing. For example, if you were in a car accident and you are suing the owner and the driver of the car, you must list the names 0f the owner and the driver on your claim and serve both people. I Examples: Ifthe owner and driver are the same person: Lee Smith, owner and driver If the owner and driver are not the same person: Lee Smith, owner and driver Bob Smith, owner Ifyou are suing a business, an association, or a public entity, read Form SC-104C, How t0 Serve a Business. ® Need help?Your county’s Small Claims Advisor can help for free. Smal’s-Ciaims Adviser (408'; 38”an (nations 2, 6) Or g0 t0 “County-Specific Court Information” at: www.courtinfo.ca.g0v/selfhelp/smallclaims What ls “Proof of Service”? Revv January 1, 2011 (Small Claims) SC-1 04B, Page 2 of2
