Substituted Service Response Deadline in California Personal Injury Cases

Substituted service requires more than leaving papers with another person. The authorized method includes required conditions and mailing, and service generally becomes complete 10 days after the mailing under CCP 415.20. Calculate the response period from completion. The familiar approximate 40-day interval from mailing is not a substitute for checking valid service, holidays, and extensions.

Documents and facts to assemble

  • The service attempts, recipient details, and mailing record
  • The completed proof and calculation from the statutory completion date

Separate delivery from the follow-up mailing

A substituted-service calendar should show both the date papers were left and the date the required mailing occurred. Preserve the server’s account of attempts, the recipient, and the address, along with the mailing record. Review those details together before treating service as complete; recording only the first delivery can obscure the event used for the response calculation.

Practical checklist

  • Keep the service-attempt notes and the identity of the person who received the papers.
  • Record the delivery and mailing dates in separate fields.
  • Compare the mailing record with POS-010 and resolve inconsistent dates with the server.

Final review

Check whether the proof describes personal service or substituted service before using a response calculation. A calendar based on the wrong method can be inaccurate even when the arithmetic is correct.

Related guides

Official forms and authorities

This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.

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