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How to determine whether to accept service of a civil Summons and Complaint

A civil lawsuit begins after a “Summons and Complaint” has been filed in court. This document, commonly referred to as a “complaint,” notifies the named defendant(s) that a legal action has been filed against them and sets forth the facts and legal theories under which the plaintiff seeks recovery against the named defendants.

The litigation process cannot begin until the complaint has been delivered to the individuals and/or entities being sued. This delivery is called “service of process.” A complaint can be “served” either in person or by mail.

The individual serving the complaint is called a “process server.” The process server may ask if you will “accept service” for the University or other defendants.

Personal Service

  • If a process server asks you to accept service of a civil complaint on behalf of the State of California, the Board of Trustees of the California State University, and/or California State University, Fullerton, DO NOT ACCEPT SERVICE! Refer the process service to the Office of General Counsel for the CSU located at the Chancellor’s Office in Long Beach. You may give the process server the address to the Chancellor’s Office.
  • If you have been named as a defendant, you may accept service for yourself.
  • If any other individual has been named as a defendant, DO NOT ACCEPT SERVICE! Only that individual or his/her authorized designee can accept service. NEVER GIVE THE PROCESS SERVER ANY PERSONAL INFORMATION ABOUT ANOTHER EMPLOYEE, SUCH AS AN EMPLOYEE’S HOME ADDRESS OR TELEPHONE NUMBER.

Contact the Office of University Counsel or the Office of University Risk Management if you have any questions about whether to accept service of a complaint.

Service By Mail

If you receive a civil complaint by mail, write down the date you received the complaint and forward a copy of the complaint to the Office of University Counsel or the Office of University Risk Management.

Notify the Office of University Counsel or the Office of University Risk Management as soon as possible if someone attempts to serve a complaint or if you receive a complaint in the mail.

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