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§ 416.90.Service On Person Not Otherwise Specified In Article

Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 4. Persons Upon Whom Summons May Be Served · Enacted 1610 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 416.90 is the catch-all provision for serving a summons on a person not otherwise specified elsewhere in this article, allowing delivery to that person or to someone the person has authorized to receive service.

Full Text of § 416.90

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A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process.

Plain-English Summary

Section 416.90 fills in the gap left by the other, more specific provisions in this article. A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and complaint to that person, or to a person authorized by them to receive service of process.

In practice, this section is the one that governs service on an ordinary individual defendant — someone who is not a minor, does not have a guardian or conservator appointed, and is not covered by the Elections Code provision in § 416.80. It works together with § 415.10 for personal delivery and § 415.20(b) for substituted service when personal delivery cannot with reasonable diligence be achieved.

Frequently Asked Questions

How is an ordinary adult individual defendant served with a summons in California?

Section 416.90 covers a person not otherwise specified in this article, allowing delivery of the summons and complaint to that person or to someone they have authorized to receive service.

Does § 416.90 apply to minors or people with a conservator?

No. Those situations are covered specifically by § 416.60 and § 416.70. Section 416.90 applies only when no other provision in this article covers the person being served.

Can someone else accept service on my behalf under this section?

Yes. Section 416.90 allows delivery either to the person themselves or to a person that individual has authorized to receive service of process.

Amendment History

Added by Stats. 1969, Ch. 1610.

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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