(a) A summons may be served on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours with the person who is apparently in charge of the office of that business organization, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served at the place where a copy of the summons and complaint was left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
§ 415.95.Service On Business Organization Form Unknown
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 3. Manner of Service of Summons · Enacted 2003 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 415.95 lets a summons be served on a business organization of unknown form by leaving a copy at its office with the person apparently in charge and mailing a copy afterward, but this method is not valid for a corporation with a registered agent on file with the Secretary of State.
Full Text of § 415.95
(b) Service of a summons pursuant to this section is not valid for a corporation with a registered agent for service of process listed with the Secretary of State.
Plain-English Summary
A plaintiff does not always know at the outset whether the entity they are suing is a corporation, a partnership, or some other organizational form. Section 415.95 gives a fallback for exactly that situation. Subdivision (a) allows a summons to be served on a business organization of unknown form by leaving a copy of the summons and complaint, during usual office hours, with the person apparently in charge of its office, and thereafter mailing a copy by first-class mail, postage prepaid, to the same place. Service in this manner is deemed complete on the 10th day after mailing.
Subdivision (b) limits when this shortcut is available: service under this section is not valid for a corporation that has a registered agent for service of process listed with the Secretary of State. If the entity turns out to be a corporation with a registered agent on file, the plaintiff must instead use the corporation-specific service methods in § 416.10.
Frequently Asked Questions
Can I serve a business if I do not know whether it is a corporation, partnership, or something else?
Yes. Section 415.95(a) allows service by leaving a copy of the summons and complaint at the business organization’s office with the person apparently in charge, followed by first-class mail to the same address.
When is service under § 415.95 deemed complete?
Service in this manner is deemed complete on the 10th day after the copy is mailed.
Can I use this method on a corporation that has a registered agent on file with the Secretary of State?
No. Subdivision (b) states that service under this section is not valid for a corporation with a registered agent for service of process listed with the Secretary of State; § 416.10 applies instead.
Amendment History
Added by Stats 2003 ch 128 (AB 418),s 2, eff. 1/1/2004.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: serving unknown business entity californiaservice on business organization form unknowncalifornia summons unknown corporate form