How do I serve a Prejudgment Claim of Right to Possession?
A Prejudgment Claim of Right to Possession is a Plaintiff (CP10.5) optional procedure. If Plaintiff requests this procedure, the following must be done. First and foremost, unlike other civil documents that can be served by anyone over the age of eighteen (18), a Prejudgement Claim of Right to Possession can ONLY BE SERVED BY A SHERIFF OR A CALIFORNIA REGISTERED PROCESS SERVER. You must serve a blank copy of the the Prejudgment Claim of Right to Possession form with every copy of the Summons/Complaint for Unlawful Detainer. In addition to serving the Named Defendants, the Process Server must inquire at the time of service if there are any other persons over the age of 18 residing on the premises.
If the occupant tells the Process Server there are other unnamed adult occupants, the Process Server must try to ascertain their names and serve them at that time by personal service if they are present or by leaving a copy for the occupant to give to them. The Process Server must also post and mail a copy for each unnamed occupant that they do not personally serve.
The Process Server must also give any adult occupant answering the door a copy of the documents on behalf of "ALL OCCUPANTS IN CARE OF THE NAMED TENANT". A copy is for "ALL OTHER OCCUPANTS" is also posted in a conspicuous place and mailed by first class mail after sub-served.
If the Process Server personally serves other unnamed adult occupants, the Process Server must prepare a proof of service for each person served.
As you can see the Prejudgment Claim for Right of Possession is a complicated process, thus the fee for service is greater than most services. If the Process Server fails to serve in this above mentioned manner, a litigant savvy tenant can quash service and prolong the eviction process. Another reason why you should not only use a Registered Process Server, but a Certified CALSPro Process Server. (CCPS) (CCP 415.46)