What service options exist after failed personal service in California?

When repeated attempts at personal service of a summons and complaint in California have failed, an attorney may use alternative methods of service permitted under the California Code of Civil Procedure § 415.20 (substituted service), California Code of Civil Procedure § 415.30 (service by mail with acknowledgment), or California Code of Civil Procedure § 415.50 (service by publication), depending on the specific circumstances.

Issue

What legal options remain to effect service on a defendant in California after multiple unsuccessful attempts at personal service?

Rule

Under California law, personal service is preferred, but substituted or constructive methods may be used when reasonable diligence to personally serve has failed:

• Substituted Service – Cal. Code Civ. Proc. § 415.20(b) allows leaving the summons and complaint with a competent adult at the defendant’s dwelling or place of business, followed by first-class mailing a copy to the same address. Service is deemed complete on the 10th day after mailing. This method requires that personal service cannot be accomplished with reasonable diligence, as defined in case law such as Evartt v. Superior Court, 89 Cal. App. 3d 795 (1979).[5]

• Service by Mail with Acknowledgment – Cal. Code Civ. Proc. § 415.30 allows service by mailing the documents and a Judicial Council form POS-015 Notice and Acknowledgment of Receipt to the defendant, who must sign and return it. Service is complete upon signature and return.[5]

• Service by Publication – Cal. Code Civ. Proc. § 415.50(a)–(c) allows service by publication upon a court’s order, if the plaintiff shows by affidavit that the defendant cannot be served with reasonable diligence by any other method and that the claim is valid. The notice must be published in a newspaper most likely to provide actual notice to the defendant, and service is complete after the statutory publication period.[2]

Application

If personal service attempts fail, the attorney should:

1. Document all attempts at service (dates, times, observations) in a Declaration of Diligence, showing reasonable efforts were made to locate and personally serve the defendant.[1]
2. Attempt substituted service under § 415.20(b) by leaving the summons with a responsible adult at the defendant’s last known residence or business and mailing a copy to that address. Proper proof of service must comply with Cal. Code Civ. Proc. § 417.10, including photographic documentation of attempts as now required by statute.[4]
3. If substituted service and mail service fail or are impossible, apply to the court for service by publication under § 415.50, supported by affidavit describing the steps taken to locate the defendant and efforts at personal or substituted service.[2]

Courts strictly require plaintiffs to show that all reasonable methods short of publication have been exhausted before granting publication orders. Evartt and earlier cases (e.g., Donel, Inc. v. Badalian, 87 Cal. App. 3d 327 (1978)) emphasize that “reasonable diligence” means exhaustive and systematic efforts—not mere token attempts—to locate and serve the party.

Conclusion

After repeated failed personal service attempts in California, the attorney may:

1. Use substituted service under § 415.20,
2. Use mail service with acknowledgment under § 415.30, or
3. Seek a court order permitting service by publication under § 415.50.

Each method requires detailed documentation and compliance with proof of service requirements under § 417.10.