“A ‘summons’ is a form of court process issued in the course of a judicial proceeding. Its function is to notify defendants that a lawsuit is pending against them, that they have a limited period of time within which to file a response, and of the consequences if they fail to do so.”
“Service of summons on a defendant within the state accomplishes two separate functions: It provides notice of the lawsuit and it generally establishes personal jurisdiction over that defendant.”
“The clerk “issues” summons by affixing a signature (or signature stamp) and the court seal (or facsimile) to the form prepared by plaintiff’s counsel. The clerk retains the original summons in the court files and provides a copy to the plaintiff who requested issuance of summons. In boldface print at the top of the summons, in both English and Spanish: ‘Notice! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read information below.’
“‘Any person who is at least 18 years of age and not a party to the action’ may serve a summons. Individual defendants are served by delivering copies of the summons and complaint to them personally or to someone else authorized by law to accept summons on their behalf. Effecting service on a corporation requires delivery of summons and complaint to some person on behalf of the corporation. Service may be made upon ‘the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, [or] a general manager.’ Service may also be made upon ‘a person authorized by the corporation to receive service of process.'”
“After the summons is served, a proof of service must be filed with the court unless the defendant has already made a general appearance.”
[California Practice Guide: Civil Procedure Before Trial [citations to primary sources omitted]]
