Serving a California complaint: 60 days to serve, and four methods that complete on different days

Two separate bodies of law govern serving a California complaint, and they answer different questions. The Code of Civil Procedure says how you may serve and when service is complete. The Rules of Court say how long you have and what happens if you miss it.

Both matter, and the deadlines in the second are shorter than most people expect.

Sixty days, and it includes filing the proof

Cal. Rules of Court, rule 3.110(b):

Service of complaint The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

The sixty days covers both service and filing the proof of service. Serving on day 58 and filing the proof on day 65 does not comply.

Rule 3.110(a) carves out several case types: it applies "except for collections cases under rule 3.740(a), unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law."

The rest of rule 3.110's calendar

This rule contains a chain of deadlines that catch plaintiffs long after service:

(d) Timing of responsive pleadings The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.

(e) Modification of timing; application for order extending time The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b)–(d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.

(f) Failure to serve If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.

(g) Request for entry of default If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed.

(h) Default judgment When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

Subdivision (e) is the one to act on early: an application to extend must be filed before the time runs, and it needs a declaration covering three things — why service has not happened, what efforts were made, and by what date it will be done.

The four methods, and when each is complete

Personal delivery — CCP § 415.10:

A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.

Complete immediately. And a missing date on the summons does not invalidate it.

Substituted service — CCP § 415.20(b), available only where personal delivery has failed:

If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served … a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, or usual mailing address … at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

Three requirements people miss: the person left with must be at least 18, must be informed of the contents, and a mailing must follow. Service is complete on the 10th day after the mailing, not on the day of the drop.

For entities served under §§ 416.10–416.50, § 415.20(a) allows the office drop-and-mail without first attempting personal delivery.

Notice and acknowledgment — CCP § 415.30:

(a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender.

(c) Service of a summons pursuant to this section is deemed complete on the date a written acknowledgement of receipt of summons is executed, if such acknowledgement thereafter is returned to the sender.

This method only works if the defendant cooperates — service is complete when the acknowledgment is executed, and only if it is returned. But refusing is not free. § 415.30(d):

If the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgement form set forth in subdivision (b) within 20 days from the date of such mailing, the party to whom the summons was mailed shall be liable for reasonable expenses thereafter incurred in serving or attempting to serve the party by another method permitted by this chapter, and, except for good cause shown, the court in which the action is pending, upon motion, with or without notice, shall award the party such expenses whether or not he is otherwise entitled to recover his costs in the action.

Publication — CCP § 415.50(a), the last resort, requiring a court order:

A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court …

A change coming on 1 January 2027

Section 415.20 has been amended, and the current text is expressly temporary — the version in force "shall remain in effect only until January 1, 2027, and as of that date is repealed."

The version operative on 1 January 2027 adds two things worth knowing about in advance. It defines reasonable diligence:

For purposes of this subdivision, a party shows reasonable diligence by attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times.

And it adds a requirement in consumer debt cases:

In an action to collect "consumer debt," as defined in Section 1788.2 of the Civil Code, at least one of the service attempts shall be made at the dwelling place or usual place of abode of the person to be served, provided that the dwelling place or usual place of abode is known or could be determined with reasonable effort.

The 2027 text also expands the permitted mailing methods to include "United States Postal Service first-class mail, Priority Mail with tracking, or Certified Mail with return receipt requested."

Until then, the current subdivision (b) applies and "reasonable diligence" is not defined by the statute.

How California compares

A short checklist

1. Diarise 60 days from filing — for service and for filing the proofs.
2. If a defendant is added by amendment, that one gets 30 days from the amended complaint.
3. If service is going badly, apply to extend before the 60 days run, with a declaration covering the efforts made and a proposed completion date.
4. Try personal delivery first. Substituted service on a natural person requires that personal delivery could not be made with reasonable diligence.
5. On a substituted service, leave it with someone at least 18, tell them what it is, and mail a copy — then count 10 days from the mailing for completion.
6. If you use notice and acknowledgment, send two copies and a prepaid return envelope, and diarise 20 days; after that you can recover the cost of serving another way.
7. Publication needs a court order on an affidavit showing the other methods failed.
8. If no response comes, request entry of default within 10 days of the response deadline passing — and get the judgment within 45 days of the default.
9. From 1 January 2027, plan for three documented attempts on three different days at three different times, and a home attempt in consumer debt cases.

Where these sections live

• Cal. Code Civ. Proc. § 415.10 — Personal Delivery
• Cal. Code Civ. Proc. § 415.20 — Substituted service
• Cal. Code Civ. Proc. § 415.30 — Mail Service
• Cal. Code Civ. Proc. § 415.50 — Service by Publication
• Cal. Code Civ. Proc. § 417.10 — Proof of Service
• Cal. Rules of Court, rule 3.110 — Time for service of complaint, cross-complaint, and response

This page explains what the statutes and rules say. It isn't legal advice, and what amounts to reasonable diligence under the current § 415.20(b) is developed in case law this site doesn't cover.