Cal. Code Regs. Tit. 1, § 1008 - Service; Proof of Service

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) Proof of Service of papers shall be a Declaration stating the title of the paper Served or filed, the name and address of the person making the Service, and that he or she is over the age of 18 years and not a party to the matter.
(b) Service may be made by leaving the paper at the residence or business of the person named to be Served, with a person not less than 18 years of age. Where Service is made in this manner, the proof of Service shall also state the date and place of delivery and the name of the person to whom the papers were handed. Where the person making the Service is unable to obtain the name of the person to whom the papers were handed, the person making the Service may substitute a physical description for the name.
(c) Where Service is made by mail, the proof of Service shall show the date and place of deposit in the mail, the name and address of the person Served as shown on the mailing envelope and that the envelope was sealed and deposited in the mail with the postage fully prepaid.
(d) Where Service is by facsimile the proof of Service shall state the method of Service upon each party, the date and time sent and the facsimile number to which the document was sent.
(e) The proof of Service shall be signed by the person making it and contain the following statement above the signature:

"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this Declaration was executed at (city, state) on (date)."

The name of the declarant shall be typed and signed below this statement.

(f) A proof of Service made in accordance with Code of Civil Procedure section 1013a complies with this Regulation.

Notes

Cal. Code Regs. Tit. 1, § 1008

Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 11440.20, Government Code; and Section 1013a, Code of Civil Procedure.

1. New section filed 6-30-97 as an interim regulation pursuant to Government Code section 11400.20; operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98 unless earlier repealed or amended.
2. Interim regulation, including amendment of subsections (a)-(e), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
3. Amendment filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).

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