2010 California Code
Code of Civil Procedure
Chapter 5. Notices, And Filing And Service Of Papers

1010.  Notices must be in writing, and the notice of a motion, other
than for a new trial, must state when, and the grounds upon which it
will be made, and the papers, if any, upon which it is to be based.
If any such paper has not previously been served upon the party to be
notified and was not filed by him, a copy of such paper must
accompany the notice. Notices and other papers may be served upon the
party or attorney in the manner prescribed in this chapter, when not
otherwise provided by this code. No bill of exceptions, notice of
appeal, or other notice or paper, other than amendments to the
pleadings, or an amended pleading, need be served upon any party
whose default has been duly entered or who has not appeared in the
action or proceeding.



1010.5.  The Judicial Council may adopt rules permitting the filing
of papers by facsimile transmission, both directly with the courts
and through third parties. Notwithstanding any other provision of
law, the rules may provide that the facsimile transmitted document
shall constitute an original document, and that notwithstanding
Section 6159 of the Government Code or Title 1.3 (commencing with
Section 1747) of Part 4 of Division 3 of the Civil Code, any court
authorized to accept a credit card as payment pursuant to this
section may add a surcharge to the amount of the transaction to be
borne by the litigant to cover charges imposed on credit card
transactions regarding fax filings between a litigant and the court.
   If the Judicial Council adopts rules permitting the filing of
papers by facsimile transmission, the consent of the Judicial Council
shall not be necessary to permit the use of credit cards to pay fees
for the filing of papers by facsimile transmission directly with the
court, provided that the court charges a processing fee to the
filing party sufficient to cover the cost to the court of processing
payment by credit card.



1010.6.  (a) A document may be served electronically in an action
filed with the court as provided in this section, in accordance with
rules adopted pursuant to subdivision (d).
   (1) For purposes of this section:
   (A) "Electronic service" means service of a document, on a party
or other person, by either electronic transmission or electronic
notification. Electronic service may be performed directly by a
party, by an agent of a party, including the party's attorney, or
through an electronic filing service provider.
   (B) "Electronic transmission" means the transmission of a document
by electronic means to the electronic service address at or through
which a party or other person has authorized electronic service.
   (C) "Electronic notification" means the notification of the party
or other person that a document is served by sending an electronic
message to the electronic address at or through which the party or
other person has authorized electronic service, specifying the exact
name of the document served, and providing a hyperlink at which the
served document may be viewed and downloaded.
   (2) If a document may be served by mail, express mail, overnight
delivery, or facsimile transmission, electronic service of the
document is authorized when a party has agreed to accept service
electronically in that action.
   (3) In any action in which a party has agreed to accept electronic
service under paragraph (2), or in which the court has ordered
electronic service under subdivision (c), the court may
electronically serve any document issued by the court that is not
required to be personally served in the same manner that parties
electronically serve documents. The electronic service of documents
by the court shall have the same legal effect as service by mail,
except as provided in paragraph (4).
   (4) Electronic service of a document is complete at the time of
the electronic transmission of the document or at the time that the
electronic notification of service of the document is sent. However,
any period of notice, or any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document, which time period or date is prescribed by statute or
rule of court, shall be extended after service by electronic means by
two court days, but the extension shall not apply to extend the time
for filing any of the following:
   (A) A notice of intention to move for new trial.
   (B) A notice of intention to move to vacate judgment under Section
663a.
   (C) A notice of appeal.
   This extension applies in the absence of a specific exception
provided by any other statute or rule of court.
   (b) A trial court may adopt local rules permitting electronic
filing of documents, subject to rules adopted pursuant to subdivision
(c) and the following conditions:
   (1) A document that is filed electronically shall have the same
legal effect as an original paper document.
   (2) (A) When a document to be filed requires the signature, not
under penalty of perjury, of an attorney or a self-represented party,
the document shall be deemed to have been signed by that attorney or
self-represented party if filed electronically.
   (B) When a document to be filed requires the signature, under
penalty of perjury, of any person, the document shall be deemed to
have been signed by that person if filed electronically and if a
printed form of the document has been signed by that person prior to,
or on the same day as, the date of filing. The attorney or person
filing the document represents, by the act of filing, that the
declarant has complied with this section. The attorney or person
filing the document shall maintain the printed form of the document
bearing the original signature and make it available for review and
copying upon the request of the court or any party to the action or
proceeding in which it is filed.
   (3) Any document that is electronically filed with the court after
the close of business on any day shall be deemed to have been filed
on the next court day. "Close of business," as used in this
paragraph, shall mean 5 p.m. or the time at which the court would not
accept filing at the court's filing counter, whichever is earlier.
   (4) The court receiving a document filed electronically shall
issue a confirmation that the document has been received and filed.
The confirmation shall serve as proof that the document has been
filed.
   (5) Upon electronic filing of a complaint, petition, or other
document that must be served with a summons, a trial court, upon
request of the party filing the action, shall issue a summons with
the court seal and the case number. The court shall keep the summons
in its records and may electronically transmit a copy of the summons
to the requesting party. Personal service of a printed form of the
electronic summons shall have the same legal effect as personal
service of an original summons. If a trial court plans to
electronically transmit a summons to the party filing a complaint,
the court shall immediately upon receipt of the complaint notify the
attorney or party that a summons will be electronically transmitted
to the electronic address given by the person filing the complaint.
   (6) The court shall permit a party or attorney to file an
application for waiver of court fees and costs, in lieu of requiring
the payment of the filing fee, as part of the process involving the
electronic filing of a document. The court shall consider and
determine the application in accordance with Sections 68630 to 68641,
inclusive, of the Government Code and shall not require the party or
attorney to submit any documentation other than that set forth in
Sections 68630 to 68641, inclusive, of the Government Code. Nothing
in this section shall require the court to waive a filing fee that is
not otherwise waivable.
   (c) If a trial court adopts rules conforming to subdivision (b),
it may provide by order that all parties to an action file and serve
documents electronically in a class action, a consolidated action, or
a group of actions, a coordinated action, or an action that is
deemed complex under Judicial Council rules, provided that the trial
court's order does not cause undue hardship or significant prejudice
to any party in the action.
   (d) The Judicial Council shall adopt uniform rules for the
electronic filing and service of documents in the trial courts of the
state, which shall include statewide policies on vendor contracts,
privacy, and access to public records, and rules relating to the
integrity of electronic service. These rules shall conform to the
conditions set forth in this section, as amended from time to time.



1011.  The service may be personal, by delivery to the party or
attorney on whom the service is required to be made, or it may be as
follows:
   (a) If upon an attorney, service may be made at the attorney's
office, by leaving the notice or other papers in an envelope or
package clearly labeled to identify the attorney being served, with a
receptionist or with a person having charge thereof. When there is
no person in the office with whom the notice or papers may be left
for purposes of this subdivision at the time service is to be
effected, service may be made by leaving them between the hours of
nine in the morning and five in the afternoon, in a conspicuous place
in the office, or, if the attorney's office is not open so as to
admit of that service, then service may be made by leaving the notice
or papers at the attorney's residence, with some person of not less
than 18 years of age, if the attorney's residence is in the same
county with his or her office, and, if the attorney's residence is
not known or is not in the same county with his or her office, or
being in the same county it is not open, or a person 18 years of age
or older cannot be found at the attorney's residence, then service
may be made by putting the notice or papers, enclosed in a sealed
envelope, into the post office or a mail box, subpost office,
substation, or mail chute or other like facility regularly maintained
by the Government of the United States directed to the attorney at
his or her office, if known and otherwise to the attorney's
residence, if known. If neither the attorney's office nor residence
is known, service may be made by delivering the notice or papers to
the address of the attorney or party of record as designated on the
court papers, or by delivering the notice or papers to the clerk of
the court, for the attorney.
   (b) If upon a party, service shall be made in the manner
specifically provided in particular cases, or, if no specific
provision is made, service may be made by leaving the notice or other
paper at the party's residence, between the hours of eight in the
morning and six in the evening, with some person of not less than 18
years of age. If at the time of attempted service between those hours
a person 18 years of age or older cannot be found at the party's
residence, the notice or papers may be served by mail. If the party's
residence is not known, then service may be made by delivering the
notice or papers to the clerk of the court, for that party.




1012.  Service by mail may be made where the person on whom it is to
be made resides or has his office at a place where there is a
delivery service by mail, or where the person making the service and
the person on whom it is to be made reside or have their offices in
different places between which there is a regular communication by
mail.



1013.  (a) In case of service by mail, the notice or other paper
shall be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service, in a sealed envelope,
with postage paid, addressed to the person on whom it is to be
served, at the office address as last given by that person on any
document filed in the cause and served on the party making service by
mail; otherwise at that party's place of residence. Service is
complete at the time of the deposit, but any period of notice and any
right or duty to do any act or make any response within any period
or on a date certain after service of the document, which time period
or date is prescribed by statute or rule of court, shall be extended
five calendar days, upon service by mail, if the place of address
and the place of mailing is within the State of California, 10
calendar days if either the place of mailing or the place of address
is outside the State of California but within the United States, and
20 calendar days if either the place of mailing or the place of
address is outside the United States, but the extension shall not
apply to extend the time for filing notice of intention to move for
new trial, notice of intention to move to vacate judgment pursuant to
Section 663a, or notice of appeal. This extension applies in the
absence of a specific exception provided for by this section or other
statute or rule of court.
   (b) The copy of the notice or other paper served by mail pursuant
to this chapter shall bear a notation of the date and place of
mailing or be accompanied by an unsigned copy of the affidavit or
certificate of mailing.
   (c) In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence. In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party'
s place of residence. Service is complete at the time of the deposit,
but any period of notice and any right or duty to do any act or make
any response within any period or on a date certain after service of
the document served by Express Mail or other method of delivery
providing for overnight delivery shall be extended by two court days.
The extension shall not apply to extend the time for filing notice
of intention to move for new trial, notice of intention to move to
vacate judgment pursuant to Section 663a, or notice of appeal. This
extension applies in the absence of a specific exception provided for
by this section or other statute or rule of court.
   (d) The copy of the notice or other paper served by Express Mail
or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.
   (e) Service by facsimile transmission shall be permitted only
where the parties agree and a written confirmation of that agreement
is made. The Judicial Council may adopt rules implementing the
service of documents by facsimile transmission and may provide a form
for the confirmation of the agreement required by this subdivision.
In case of service by facsimile transmission, the notice or other
paper must be transmitted to a facsimile machine maintained by the
person on whom it is served at the facsimile machine telephone number
as last given by that person on any document which he or she has
filed in the cause and served on the party making the service.
Service is complete at the time of transmission, but any period of
notice and any right or duty to do any act or make any response
within any period or on a date certain after service of the document,
which time period or date is prescribed by statute or rule of court,
shall be extended, after service by facsimile transmission, by two
court days, but the extension shall not apply to extend the time for
filing notice of intention to move for new trial, notice of intention
to move to vacate judgment pursuant to Section 663a, or notice of
appeal. This extension applies in the absence of a specific exception
provided for by this section or other statute or rule of court.
   (f) The copy of the notice or other paper served by facsimile
transmission pursuant to this chapter shall bear a notation of the
date and place of transmission and the facsimile telephone number to
which transmitted, or to be accompanied by an unsigned copy of the
affidavit or certificate of transmission which shall contain the
facsimile telephone number to which the notice or other paper was
transmitted.
   (g) Electronic service shall be permitted pursuant to Section
1010.6 and the rules on electronic service in the California Rules of
Court.
   (h) Subdivisions (b), (d), and (f) are directory.



1013a.  Proof of service by mail may be made by one of the following
methods:
   (1) An affidavit setting forth the exact title of the document
served and filed in the cause, showing the name and residence or
business address of the person making the service, showing that he or
she is a resident of or employed in the county where the mailing
occurs, that he or she is over the age of 18 years and not a party to
the cause, and showing the date and place of deposit in the mail,
the name and address of the person served as shown on the envelope,
and also showing that the envelope was sealed and deposited in the
mail with the postage thereon fully prepaid.
   (2) A certificate setting forth the exact title of the document
served and filed in the cause, showing the name and business address
of the person making the service, showing that he or she is an active
member of the State Bar of California and is not a party to the
cause, and showing the date and place of deposit in the mail, the
name and address of the person served as shown on the envelope, and
also showing that the envelope was sealed and deposited in the mail
with the postage thereon fully prepaid.
   (3) An affidavit setting forth the exact title of the document
served and filed in the cause, showing (A) the name and residence or
business address of the person making the service, (B) that he or she
is a resident of, or employed in, the county where the mailing
occurs, (C) that he or she is over the age of 18 years and not a
party to the cause, (D) that he or she is readily familiar with the
business' practice for collection and processing of correspondence
for mailing with the United States Postal Service, (E) that the
correspondence would be deposited with the United States Postal
Service that same day in the ordinary course of business, (F) the
name and address of the person served as shown on the envelope, and
the date and place of business where the correspondence was placed
for deposit in the United States Postal Service, and (G) that the
envelope was sealed and placed for collection and mailing on that
date following ordinary business practices. Service made pursuant to
this paragraph, upon motion of a party served, shall be presumed
invalid if the postal cancellation date or postage meter date on the
envelope is more than one day after the date of deposit for mailing
contained in the affidavit.
   (4) In case of service by the clerk of a court of record, a
certificate by that clerk setting forth the exact title of the
document served and filed in the cause, showing the name of the clerk
and the name of the court of which he or she is the clerk, and that
he or she is not a party to the cause, and showing the date and place
of deposit in the mail, the name and address of the person served as
shown on the envelope, and also showing that the envelope was sealed
and deposited in the mail with the postage thereon fully prepaid.
This form of proof is sufficient for service of process in which the
clerk or deputy clerk signing the certificate places the document for
collection and mailing on the date shown thereon, so as to cause it
to be mailed in an envelope so sealed and so addressed on that date
following standard court practices. Service made pursuant to this
paragraph, upon motion of a party served and a finding of good cause
by the court, shall be deemed to have occurred on the date of postage
cancellation or postage meter imprint as shown on the envelope if
that date is more than one day after the date of deposit for mailing
contained in the certificate.


1014.  A defendant appears in an action when the defendant answers,
demurs, files a notice of motion to strike, files a notice of motion
to transfer pursuant to Section 396b, moves for reclassification
pursuant to Section 403.040, gives the plaintiff written notice of
appearance, or when an attorney gives notice of appearance for the
defendant. After appearance, a defendant or the defendant's attorney
is entitled to notice of all subsequent proceedings of which notice
is required to be given. Where a defendant has not appeared, service
of notice or papers need not be made upon the defendant.



1015.  When a plaintiff or a defendant, who has appeared, resides
out of the state, and has no attorney in the action or proceeding,
the service may be made on the clerk of the court, for that party.
But in all cases where a party has an attorney in the action or
proceeding, the service of papers, when required, must be upon the
attorney instead of the party, except service of subpoenas, of writs,
and other process issued in the suit, and of papers to bring the
party into contempt. If the sole attorney for a party is removed or
suspended from practice, then the party has no attorney within the
meaning of this section. If the party's sole attorney has no known
office in this state, notices and papers may be served by leaving a
copy thereof with the clerk of the court, unless the attorney has
filed in the cause an address of a place at which notices and papers
may be served on the attorney, in which event they may be served at
that place.


1016.  The foregoing provisions of this Chapter do not apply to the
sevice of a summons or other process, or of any paper to bring a
party into contempt.


1017.  Any summons, writ, or order in any civil suit or proceeding,
and all other papers requiring service, may be transmitted by
telegraph for service in any place, and the telegraphic copy of such
writ, or order, or paper so transmitted, may be served or executed by
the officer or person to whom it is sent for that purpose, and
returned by him, if any return be requisite, in the same manner, and
with the same force and effect in all respects, as the original
thereof might be if delivered to him, and the officer or person
serving or executing the same has the same authority, and is subject
to the same liabilities, as if the copy were the original. The
original, when a writ or order, must also be filed in the Court from
which it was issued, and a certified copy thereof must be preserved
in the telegraph office from which it was sent. In sending it, either
the original or the certified copy may be used by the operator for
that purpose. Whenever any document to be sent by telegraph bears a
seal, either private or official, it is not necessary for the
operator, in sending the same, to telegraph a description of the
seal, or any words or device thereon, but the same may be expressed
in the telegraphic copy of the letters "L. S.," or by the word "seal."



1019.  Whenever any notice or publication is required by a provision
in this code or any other code or statute of this state to be
provided in a specified size of type or printing which is to be
measured by points, the size required, unless otherwise specifically
defined, shall be determined by the conventional customs and
practices of the printing industry and within the tolerances
permitted by conventional custom and practice in that industry,
except that the provisions of this section shall not be used for
purposes of evasion of any requirement for notice or publication.




1019.5.  (a) When a motion is granted or denied, unless the court
otherwise orders, notice of the court's decision or order shall be
given by the prevailing party to all other parties or their
attorneys, in the manner provided in this chapter, unless notice is
waived by all parties in open court and is entered in the minutes.
   (b) When a motion is granted or denied on the court's own motion,
notice of the court's order shall be given by the court in the manner
provided in this chapter, unless notice is waived by all parties in
open court and is entered in the minutes.



1020.  Any notice required by law, other than those required to be
given to a party to an action or to his attorney, the service of
which is not governed by the other sections of this chapter and which
is not otherwise specifically provided for by law, may be given by
sending the same by registered mail with proper postage prepaid
addressed to the addressee's last known address with request for
return receipt, and the production of a returned receipt purporting
to be signed by the addressee shall create a disputable presumption
that such notice was received by the person to whom the notice was
required to be sent.