AFFIDAVIT OF SERVICE

(California – Proof of Service of Legal Documents)

[// GUIDANCE: This template is drafted to comply with California procedural requirements for proof of service of process. Customize all bracketed fields before use. Remove guidance notes prior to filing.]

I. DOCUMENT HEADER

A. Caption

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]

[PLAINTIFF NAME(S)], ) Case No.: [_]
Plaintiff(s), )
) [TYPE OF PLEADING]
v. )
) Assigned Judge: [_]
[DEFENDANT NAME(S)], )
Defendant(s). ) Dept.: [_]
_____ )

B. Title

AFFIDAVIT OF SERVICE (CALIFORNIA)

C. Affiant Identification

1. Name: _______ (“Affiant”)
2. Residential or business address: ______
3. Telephone: () –____
4. E-mail (optional): ______
5. Process Server Registration No. (if applicable): ___
6. County of Registration: ________
7. Expiration Date: _______

D. Effective Date

This Affidavit is executed on the ___ day of _, 20, in the State of California.

II. DEFINITIONS

For purposes of this Affidavit, the following terms have the meanings set forth below. Capitalized terms not defined herein have the meanings ascribed to them in the California Code of Civil Procedure and applicable court rules.

“Acknowledgment of Receipt” means Judicial Council form POS-015 or a substantially similar written acknowledgment executed pursuant to California law.

“Document(s) Served” means collectively the pleading(s) and/or paper(s) identified in Section III.A.

“Party Served” means the individual, entity, or authorized agent upon whom service of the Document(s) Served was effected.

“Service Date” means the calendar date on which the Document(s) Served were personally delivered or otherwise deemed served in accordance with California procedural law.

“Substituted Recipient” means a person other than the Party Served who was authorized by statute to accept service on behalf of the Party Served.

III. OPERATIVE PROVISIONS

A. Description of Document(s) Served

[List each document separately—e.g., “Summons,” “Complaint,” “Civil Case Cover Sheet,” etc.]

B. Method of Service

Affiant effected service in the manner indicated below (select and complete all that apply):

1. ☐ Personal Service – The Document(s) Served were personally delivered to the Party Served at:
   • Address: ________
   • Date: /_/20
   • Time: _:____ ☐ a.m. ☐ p.m.

2. ☐ Substitute Service – After exercising due diligence to personally serve the Party Served, Affiant:
   a. Left the Document(s) Served with: ____ (“Substituted Recipient”), who is:
   ☐ At least 18 years of age and apparently in charge of the usual place of business of the Party Served.
   ☐ A competent member of the household at the usual place of abode of the Party Served.
   b. Address: _______
   c. Date: /_/20 Time: _: ☐ a.m. ☐ p.m.
   d. Mailed a copy of the Document(s) Served to the Party Served at the above address on _//20____ by:
   ☐ First-class mail ☐ Certified mail, return receipt requested.
   e. Mailing was completed at: [City], California.

3. ☐ Service by Mail and Acknowledgment – Affiant deposited the Document(s) Served, together with a postage-paid return envelope and Acknowledgment of Receipt, in the United States mail addressed to the Party Served at:
   • Address: ________
   • Date of mailing: __/_/20_
   • Postal facility: [City], California.

4. ☐ Other Statutorily Authorized Method – Describe: ______
   • Statutory basis: ______
   • Date completed: _/_/20____

[// GUIDANCE: Delete any method that does not apply. If service was effected outside California, ensure compliance with CCP § 413.10-415.95 and applicable international conventions.]

C. Compliance Statement

Affiant affirms that the method selected above complies with all California statutory and court-rule requirements for effecting valid service of the Document(s) Served, including any timing, mailing, and follow-up obligations.

D. Attempted Service Log (if personal service was unsuccessful)

IV. REPRESENTATIONS & WARRANTIES OF AFFIANT

1. Capacity. Affiant is at least 18 years of age and not a party to the above-captioned action.
2. Truthfulness. All statements contained herein are true and correct of Affiant’s personal knowledge, and if called to testify Affiant could and would competently do so.
3. Qualification. If service was performed as a registered process server, Affiant’s registration was active and in good standing at the time of service.
4. Compliance. Affiant complied with all applicable provisions of the California Code of Civil Procedure, the California Rules of Court, and any local court rules governing service of process.
5. No Additional Warranties. Except as expressly set forth herein, Affiant makes no further representations or warranties, express or implied.

V. GENERAL PROVISIONS

1. Governing Law. This Affidavit shall be construed in accordance with, and all disputes arising hereunder shall be governed by, the procedural law of the State of California.
2. Forum Selection. Any challenge to the sufficiency, validity, or timeliness of service described herein shall be brought exclusively in the California state court identified in the caption above.
3. Severability. If any portion of this Affidavit is held unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.
4. Counterparts & Electronic Signatures. This Affidavit may be executed in counterparts, each of which is deemed an original, and electronic signatures shall be deemed to have the same force and effect as original signatures to the fullest extent permitted by California law, including the Uniform Electronic Transactions Act, Cal. Civ. Code § 1633.1 et seq.

VI. EXECUTION BLOCK

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on this ___ day of _, 20, at ________, California.

[Affiant Name], Affiant

NOTARY ACKNOWLEDGMENT (Required if local court rule mandates notarization)

State of California )
County of ______ ) ss.

On //20 before me, ______, Notary Public, personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person executed the instrument.

WITNESS my hand and official seal.

Signature __________ (Seal)

[// GUIDANCE: If the court accepts an unsworn declaration under CCP § 2015.5, replace the notary block with:
“I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on … ” and remove the notary acknowledgment.]

EXHIBIT A – COPY OF DOCUMENT(S) SERVED

[Attach a complete set of all papers served.]

EXHIBIT B – MAILING RECEIPT / TRACKING (if applicable)

[Attach USPS or carrier receipt, certified mail return, or electronic confirmation.]

[// GUIDANCE: Upon completion, file this Affidavit with the court and serve a copy on all appearing parties as required by local rules.]