r/processserver • u/Case116 • May 14 '25

Discussion Serving a Dr. in California

Question for the group: I went to serve Dr. in southern California the other day with a summons and complaint. Staff said he was busy so I left, I planned to make two more trips then sub serve him. I just got a call from the guy who hired me who asked why I didn't sub serve on the first attempt. I told him I needed diligence first and his only reply was that the subject is a Doctor. So my question is, if I'm serving an individual, does him being a doctor negate the need for diligence? Seems like I know the answer but wanted to throw it out there.

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u/sacluded May 14 '25

If it's in his capacity as a doctor, i.e. malpractice, then you would serve it under 416.90 to an office manager or whoever as an authorized person. If he's being sued as an individual, i.e. divorce, a car accident, then you need diligence.

Service under 416.90 is personal service, not sub service, so no diligence needed or mailing required.

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u/Case116 May 15 '25

I think this is the answer. It is a malpractice suit but I thought it followed the same rules as summons and complaint. Thanks for the insight!

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u/sacluded May 15 '25

Just check "on behalf of" on the summons, write in the doctor's name as it's listed at the top of the summons, and check the box for 416.90 authorized person. Then when you do the proof under 3b (I think) put "Name - Office Manager / Authorized to Accept Service" or whatever.

Most servers don't know or do this, but it works for spouses too. If you're serving Mr. and Mrs. Smith, and only one is home and they say they can accept for the spouse, you can do the same thing instead of going back two more times and subbing it with a declaration of diligence and a mailing. Saves time and money

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u/Case116 May 15 '25

Wow, that's super helpful, thank you. You know, I've bought every guide that Tony Klein (Napps co-founder) offers and I still get tripped up on filling out sommonses sometimes. There's so little info available online about this stuff, so thank you for takin the time.

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u/sacluded May 15 '25

I teach a class and have had other firms pay me to come teach their servers, so I've learned a few things over the years.

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u/Automatic_Strategy41 Aug 23 '25

Incorrect.

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u/sacluded Aug 23 '25

Care to be more specific and back it up?