A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with whom he resides or by whom he is employed, and to the minor if he is at least 12 years of age.
§ 416.60.Service On Minor
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 4. Persons Upon Whom Summons May Be Served · Last amended 1972 · Last verified July 28, 2026
In one sentenceSection 416.60 requires a summons served on a minor to go to the minor’s parent, guardian, conservator, or similar fiduciary — or, failing that, to whoever has care or custody of the minor — and to the minor personally as well if the minor is at least 12 years old.
Full Text of § 416.60
Plain-English Summary
Section 416.60 protects a minor’s interests in litigation by routing service through an adult responsible for them, while also requiring notice to an older minor directly. A summons may be served on a minor by delivering a copy of the summons and complaint to the minor’s parent, guardian, conservator, or similar fiduciary.
If no such person can be found with reasonable diligence, service may instead go to any person having care or control of the minor, or with whom the minor resides, or by whom the minor is employed. In addition to whichever of these adults is served, the minor must also be served personally if the minor is at least 12 years of age — meaning service on a minor 12 or older typically requires two deliveries, one to the responsible adult and one to the minor.
Frequently Asked Questions
Who has to be served when the defendant is a minor in California?
Section 416.60 requires delivery of a copy of the summons and complaint to the minor’s parent, guardian, conservator, or similar fiduciary.
What if the minor’s parent or guardian cannot be found?
Section 416.60 allows service, failing that, on any person having care or control of the minor, or with whom the minor resides, or by whom the minor is employed.
Does the minor also have to be served personally?
Yes, if the minor is at least 12 years old. Section 416.60 requires service on the minor as well as on the responsible adult in that circumstance.
Amendment History
Amended by Stats. 1972, Ch. 579.
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
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