State Codes and Statutes

Statutes > California > Gov > 960-960.8

GOVERNMENT CODE
SECTION 960-960.8



960.  As used in this chapter, "public agency" has the meaning given
that term by Section 53050.



960.2.  Notwithstanding any provision of law to the contrary,
service of process in an action or proceeding against a public agency
may be made in the manner provided in Section 960.3 if, during the
10 days immediately following the commencement of the action or
proceeding:
   (a) No statement pertaining to the public agency is on file, or is
placed on file, in the Roster of Public Agencies in the office of
the Secretary of State and of the county clerk of each county in
which the public agency then maintains an office, as required by
Section 53051; or
   (b) A statement or amended statement pertaining to the public
agency is on file, or is placed on file, in the Roster of Public
Agencies in the office of the Secretary of State and of the county
clerk of each county in which the public agency then maintains an
office, but the information contained therein is so inaccurate or
incomplete that it does not substantially conform to the requirements
of Section 53051; or
   (c) A statement or amended statement pertaining to the public
agency is on file, or is placed on file, in the Roster of Public
Agencies in the office of the Secretary of State and of the county
clerk of each county in which the public agency then maintains an
office, but neither the governing body nor any officer or agent of
the public agency upon whom personal service of process constitutes
service upon the public agency can thereafter, with due diligence, be
personally served at the address or addresses set forth in the
statement.



960.3.  (a) If it is shown by affidavit to the satisfaction of the
court or judge that the circumstances required by Section 960.2
exist, the court or judge may make an order that service of process
be made upon the public agency as provided in this section.
   (b) Service of process shall be made by:
   (1) Leaving two copies of the process for each public agency
defendant to be served, together with two copies of the order
authorizing the service, in the hands of the Secretary of State or in
his or her office at Sacramento; or
   (2) Mailing two copies of the process for each public agency
defendant to be served, together with two copies of the order
authorizing the service, to the office of the Secretary of State in
Sacramento by certified or registered mail, addressee only, return
receipt requested. Service shall be effective as of the day the
return receipt is received from the office of the Secretary of State.
   (c) Service in this manner constitutes personal service upon the
public agency.
   (d) A fee of fifty dollars ($50) shall be paid by the plaintiff to
the Secretary of State for each public agency on which service is
made in this manner.



960.4.  Upon receipt of the copies of process pursuant to Section
960.3, the Secretary of State shall give notice of the service of the
process to the governing body of the public agency at its principal
office in this state, by forwarding to such office, by registered
mail with request for return receipt, a copy of the process. If the
only address disclosed by the records of the Secretary of State of
the principal office of the governing body of the public agency is
the county in which it is situated, then the process shall be mailed
to the county seat, addressed to the public agency in care of the
county clerk, or it may be mailed to any address for the public
agency specified in the court order. If the process is mailed in care
of the county clerk, the county clerk shall promptly send it to the
public agency at its address within the county, if known to him, and
if unknown shall cause the process to be posted at the courthouse of
the county for 30 days. If the records of the Secretary of State
disclose no address for the public agency, then the Secretary of
State shall mail a copy of the process to the county clerk of either
(a) the county in which the transaction or occurrence took place, or
(b) the county where real property of the agency is situated, and the
county clerk shall promptly send the process to the public agency at
its address within the county, if known to him, or if unknown shall
cause the process to be posted at the courthouse of the county for 30
days.
   Upon receipt of such copies of process, the Secretary of State
shall immediately forward to the Attorney General a copy of all
papers served upon him. The Attorney General, upon receipt of any
such process, may locate the responsible officers of the public
agency involved, and the governing body of such public agency may
relieve the Attorney General of any further responsibility hereunder,
and may designate any other attorneys to defend said action or take
such other action as they may determine.



960.5.  The Attorney General, until he is relieved of further
responsibility in the manner provided in Section 960.4, or until the
matter has been reduced to final judgment, shall have the duty to
defend such public agency by taking whatever steps he considers
appropriate or necessary. The Attorney General, until he is so
relieved of further responsibility, shall have full authority to bind
the public agency by stipulation or admission.
   The Attorney General may delegate his responsibility hereunder in
any particular case, to any county counsel or district attorney
willing to accept such delegation. When such responsibility has been
delegated, the district attorney or county counsel, as the case may
be, shall have the same power and authority with reference to the
matter as is hereinabove provided for the Attorney General.
   All costs and expenses, without limitation, of the Attorney
General or district attorney or county counsel, pursuant to this
chapter shall be a charge against the public agency in whose behalf
he appears.



960.8.  Service of process in an action or proceeding against a
public agency may be made in conformity with the information
contained in the statement in the Roster of Public Agencies
pertaining to that public agency which is on file at the time of such
service. Service in this manner, if otherwise made in compliance
with law, constitutes personal service upon the public agency.
   As used in this section, "statement in the Roster of Public
Agencies" means the statement or amended statement in the Roster of
Public Agencies in the office of the Secretary of State or in the
office of the county clerk of any county in which such statement or
amended statement is on file.


State Codes and Statutes

Statutes > California > Gov > 960-960.8

GOVERNMENT CODE
SECTION 960-960.8



960.  As used in this chapter, "public agency" has the meaning given
that term by Section 53050.



960.2.  Notwithstanding any provision of law to the contrary,
service of process in an action or proceeding against a public agency
may be made in the manner provided in Section 960.3 if, during the
10 days immediately following the commencement of the action or
proceeding:
   (a) No statement pertaining to the public agency is on file, or is
placed on file, in the Roster of Public Agencies in the office of
the Secretary of State and of the county clerk of each county in
which the public agency then maintains an office, as required by
Section 53051; or
   (b) A statement or amended statement pertaining to the public
agency is on file, or is placed on file, in the Roster of Public
Agencies in the office of the Secretary of State and of the county
clerk of each county in which the public agency then maintains an
office, but the information contained therein is so inaccurate or
incomplete that it does not substantially conform to the requirements
of Section 53051; or
   (c) A statement or amended statement pertaining to the public
agency is on file, or is placed on file, in the Roster of Public
Agencies in the office of the Secretary of State and of the county
clerk of each county in which the public agency then maintains an
office, but neither the governing body nor any officer or agent of
the public agency upon whom personal service of process constitutes
service upon the public agency can thereafter, with due diligence, be
personally served at the address or addresses set forth in the
statement.



960.3.  (a) If it is shown by affidavit to the satisfaction of the
court or judge that the circumstances required by Section 960.2
exist, the court or judge may make an order that service of process
be made upon the public agency as provided in this section.
   (b) Service of process shall be made by:
   (1) Leaving two copies of the process for each public agency
defendant to be served, together with two copies of the order
authorizing the service, in the hands of the Secretary of State or in
his or her office at Sacramento; or
   (2) Mailing two copies of the process for each public agency
defendant to be served, together with two copies of the order
authorizing the service, to the office of the Secretary of State in
Sacramento by certified or registered mail, addressee only, return
receipt requested. Service shall be effective as of the day the
return receipt is received from the office of the Secretary of State.
   (c) Service in this manner constitutes personal service upon the
public agency.
   (d) A fee of fifty dollars ($50) shall be paid by the plaintiff to
the Secretary of State for each public agency on which service is
made in this manner.



960.4.  Upon receipt of the copies of process pursuant to Section
960.3, the Secretary of State shall give notice of the service of the
process to the governing body of the public agency at its principal
office in this state, by forwarding to such office, by registered
mail with request for return receipt, a copy of the process. If the
only address disclosed by the records of the Secretary of State of
the principal office of the governing body of the public agency is
the county in which it is situated, then the process shall be mailed
to the county seat, addressed to the public agency in care of the
county clerk, or it may be mailed to any address for the public
agency specified in the court order. If the process is mailed in care
of the county clerk, the county clerk shall promptly send it to the
public agency at its address within the county, if known to him, and
if unknown shall cause the process to be posted at the courthouse of
the county for 30 days. If the records of the Secretary of State
disclose no address for the public agency, then the Secretary of
State shall mail a copy of the process to the county clerk of either
(a) the county in which the transaction or occurrence took place, or
(b) the county where real property of the agency is situated, and the
county clerk shall promptly send the process to the public agency at
its address within the county, if known to him, or if unknown shall
cause the process to be posted at the courthouse of the county for 30
days.
   Upon receipt of such copies of process, the Secretary of State
shall immediately forward to the Attorney General a copy of all
papers served upon him. The Attorney General, upon receipt of any
such process, may locate the responsible officers of the public
agency involved, and the governing body of such public agency may
relieve the Attorney General of any further responsibility hereunder,
and may designate any other attorneys to defend said action or take
such other action as they may determine.



960.5.  The Attorney General, until he is relieved of further
responsibility in the manner provided in Section 960.4, or until the
matter has been reduced to final judgment, shall have the duty to
defend such public agency by taking whatever steps he considers
appropriate or necessary. The Attorney General, until he is so
relieved of further responsibility, shall have full authority to bind
the public agency by stipulation or admission.
   The Attorney General may delegate his responsibility hereunder in
any particular case, to any county counsel or district attorney
willing to accept such delegation. When such responsibility has been
delegated, the district attorney or county counsel, as the case may
be, shall have the same power and authority with reference to the
matter as is hereinabove provided for the Attorney General.
   All costs and expenses, without limitation, of the Attorney
General or district attorney or county counsel, pursuant to this
chapter shall be a charge against the public agency in whose behalf
he appears.



960.8.  Service of process in an action or proceeding against a
public agency may be made in conformity with the information
contained in the statement in the Roster of Public Agencies
pertaining to that public agency which is on file at the time of such
service. Service in this manner, if otherwise made in compliance
with law, constitutes personal service upon the public agency.
   As used in this section, "statement in the Roster of Public
Agencies" means the statement or amended statement in the Roster of
Public Agencies in the office of the Secretary of State or in the
office of the county clerk of any county in which such statement or
amended statement is on file.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 960-960.8

GOVERNMENT CODE
SECTION 960-960.8



960.  As used in this chapter, "public agency" has the meaning given
that term by Section 53050.



960.2.  Notwithstanding any provision of law to the contrary,
service of process in an action or proceeding against a public agency
may be made in the manner provided in Section 960.3 if, during the
10 days immediately following the commencement of the action or
proceeding:
   (a) No statement pertaining to the public agency is on file, or is
placed on file, in the Roster of Public Agencies in the office of
the Secretary of State and of the county clerk of each county in
which the public agency then maintains an office, as required by
Section 53051; or
   (b) A statement or amended statement pertaining to the public
agency is on file, or is placed on file, in the Roster of Public
Agencies in the office of the Secretary of State and of the county
clerk of each county in which the public agency then maintains an
office, but the information contained therein is so inaccurate or
incomplete that it does not substantially conform to the requirements
of Section 53051; or
   (c) A statement or amended statement pertaining to the public
agency is on file, or is placed on file, in the Roster of Public
Agencies in the office of the Secretary of State and of the county
clerk of each county in which the public agency then maintains an
office, but neither the governing body nor any officer or agent of
the public agency upon whom personal service of process constitutes
service upon the public agency can thereafter, with due diligence, be
personally served at the address or addresses set forth in the
statement.



960.3.  (a) If it is shown by affidavit to the satisfaction of the
court or judge that the circumstances required by Section 960.2
exist, the court or judge may make an order that service of process
be made upon the public agency as provided in this section.
   (b) Service of process shall be made by:
   (1) Leaving two copies of the process for each public agency
defendant to be served, together with two copies of the order
authorizing the service, in the hands of the Secretary of State or in
his or her office at Sacramento; or
   (2) Mailing two copies of the process for each public agency
defendant to be served, together with two copies of the order
authorizing the service, to the office of the Secretary of State in
Sacramento by certified or registered mail, addressee only, return
receipt requested. Service shall be effective as of the day the
return receipt is received from the office of the Secretary of State.
   (c) Service in this manner constitutes personal service upon the
public agency.
   (d) A fee of fifty dollars ($50) shall be paid by the plaintiff to
the Secretary of State for each public agency on which service is
made in this manner.



960.4.  Upon receipt of the copies of process pursuant to Section
960.3, the Secretary of State shall give notice of the service of the
process to the governing body of the public agency at its principal
office in this state, by forwarding to such office, by registered
mail with request for return receipt, a copy of the process. If the
only address disclosed by the records of the Secretary of State of
the principal office of the governing body of the public agency is
the county in which it is situated, then the process shall be mailed
to the county seat, addressed to the public agency in care of the
county clerk, or it may be mailed to any address for the public
agency specified in the court order. If the process is mailed in care
of the county clerk, the county clerk shall promptly send it to the
public agency at its address within the county, if known to him, and
if unknown shall cause the process to be posted at the courthouse of
the county for 30 days. If the records of the Secretary of State
disclose no address for the public agency, then the Secretary of
State shall mail a copy of the process to the county clerk of either
(a) the county in which the transaction or occurrence took place, or
(b) the county where real property of the agency is situated, and the
county clerk shall promptly send the process to the public agency at
its address within the county, if known to him, or if unknown shall
cause the process to be posted at the courthouse of the county for 30
days.
   Upon receipt of such copies of process, the Secretary of State
shall immediately forward to the Attorney General a copy of all
papers served upon him. The Attorney General, upon receipt of any
such process, may locate the responsible officers of the public
agency involved, and the governing body of such public agency may
relieve the Attorney General of any further responsibility hereunder,
and may designate any other attorneys to defend said action or take
such other action as they may determine.



960.5.  The Attorney General, until he is relieved of further
responsibility in the manner provided in Section 960.4, or until the
matter has been reduced to final judgment, shall have the duty to
defend such public agency by taking whatever steps he considers
appropriate or necessary. The Attorney General, until he is so
relieved of further responsibility, shall have full authority to bind
the public agency by stipulation or admission.
   The Attorney General may delegate his responsibility hereunder in
any particular case, to any county counsel or district attorney
willing to accept such delegation. When such responsibility has been
delegated, the district attorney or county counsel, as the case may
be, shall have the same power and authority with reference to the
matter as is hereinabove provided for the Attorney General.
   All costs and expenses, without limitation, of the Attorney
General or district attorney or county counsel, pursuant to this
chapter shall be a charge against the public agency in whose behalf
he appears.



960.8.  Service of process in an action or proceeding against a
public agency may be made in conformity with the information
contained in the statement in the Roster of Public Agencies
pertaining to that public agency which is on file at the time of such
service. Service in this manner, if otherwise made in compliance
with law, constitutes personal service upon the public agency.
   As used in this section, "statement in the Roster of Public
Agencies" means the statement or amended statement in the Roster of
Public Agencies in the office of the Secretary of State or in the
office of the county clerk of any county in which such statement or
amended statement is on file.