In an active lawsuit, is a corporation's attorney their 'agent for service of process', as per California ccp 416.10?

Asked over 1 year ago - Red Bluff, CA

Specifically, if a defendant is sued by a corporation (via their lawyer), and defendant files a cross-complaint, when serving that cross-complaint:
A. One serves the corporation via their lawyer, yes?
B. When serving process upon that plaintiff's lawyer, the rules for serving lawyers apply (basically anyone at the law office can accept service), yes?
So if the process server gives the summons and cross complaint to a manager of the legal department, that would 'count' as proper service, yes?

Attorney answers (4)

  1. James Carl Eschen III

    Contributor Level 16

    7

    Lawyers agree

    1

    Answered . The agent for service of process is the person whom the corporation has designated as agent with the secretary of state.

    To find the agent, look at the Secretary's website.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . No, not necessarily. The agent for service of process is the person designated by the corporation. You can ascertain this information from the Secretary of State website at:

    http://kepler.sos.ca.gov/

    Unless the manager or the lawyer voluntarily agreed to accept service of process on behalf of the corporation, the service would not be considered valid service.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. David Richard Ring

    Contributor Level 4

    4

    Lawyers agree

    Answered . Service by mail may be appropriate if the corporation is already a party to the action and is represented; no there may be no need to serve the legal department, just the attorney of record.

  4. Robert Bruce Kopelson

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can serve the atty with the cross complaint. See: 428.60. A cross-complaint shall be served on each of the parties in
    an action in the following manner:
    (1) If a party has not appeared in the action, a summons upon the
    cross-complaint shall be issued and served upon him in the same
    manner as upon commencement of an original action.
    (2) If a party has appeared in the action, the cross-complaint
    shall be served upon his attorney, or upon the party if he has
    appeared without an attorney, in the manner provided for service of
    summons or in the manner provided by Chapter 5 (commencing with
    Section 1010) of Title 14 of Part 2 of this code.
    CCP 1011 (a) allows you to leave it at attys offc with the person in charge or receptionist.

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