1. Civil Procedure – L.A. 310 Summons, Complaint Service of Process

2. Complaints Defined: The initial pleading file by the plaintiff in a lawsuit. Alleges facts constituting each cause of action Must allege each element of a cause of action Judicial Council forms vs. custom drafted forms Purpose: to define issues in the case

3. Complaints – Contents Caption Body Prayer Signature Verification (not generally required) Exhibits

4. Summons The notice which accompanies the complaint which commands the defendant to appear and defend the action –Due Process – notice and opportunity to be heard Calif. – Mandatory Judicial Council form Practice tip – Names of parties in Summons must match the names in the caption of the complaint.

5. Other Documents Accompanying the Complaint Civil Case Cover Sheet (Judicial Council form) ADR Package Statement of Damages –In personal injury case –In cases where punitive damages sought

6. Service of Process Summons/Complaint/Misc. Documents Four methods of service of summons 1.Personal Service 2.Substitute Service 3.Service by Mail 4.Service by Publication

7. Personal Service Personal delivery to the defendant Service on entities –Agent for service of process –Secretary of State

8. Substitute Service Leaving a copy of S/C at def.’s dwelling or place of business with member of household or someone in charge of the business who is over 18 and mailing a copy to same address Due Dilligence Declaration – if service on individual defendant Service is effected ten (10) days after mailing

9. Service by Mail Notice and Acknowledgment of Receipt –Judicial Council form –Service complete when form signed Service by Certified Mail –Out of state defendants only –Must have proof of actual receipt – signed receipt –Service effected 10 days after mailing

10. Service by Publication Method of last resort Apply to the court for and Order for Publication –Must allege fact showing due diligence – other efforts to serve defendant Court issues and Order for Publication Summons is published in “newspaper of general circulation” once a week for four weeks Newspaper issues and Affidavit of Publication Service is effected on last day of publication

11. Proof of Service of Summons Judicial Council form Declaration of the person serving the Summons and Complaint under penalty of perjury Proves that service was accomplished Filed with court when default entered