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I had a co-worker ask me today if she signs her proof of service by mail, adds postage to her envelope and drops off the mail in a US Postal Service mail box that day, is that considered valid service by mail even if it is past the time for that day’s mail pickup. Thoughts?
I would say no. The proof says she knows the ordinary practice for mail collection and states that “I placed the envelope(s) for collection and mailing with the United States Postal Service on this day, following ordinary business practices”. If she knowingly puts it in the mailbox AFTER ordinary collection, then it is not valid. If she took it to the post office where she knows they have late collection, that’s a different story. Also, if she is serving by mail, she should NOT be signing the Proof of Service – she should be serving an unsigned copy of the Proof with the service of the documents, and sign the original which she’ll maintain in the case file in your office.
California Code of Civil Procedure section 1013(a) states the following:
In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party’s place of residence. Service is complete at the time of the deposit. . .
This section does not specify that the envelope must be deposited in such as manner as to be received by the U.S. Postal Service before the last U.S.P.S. mail collection of the day, or similarly-worded language. Only that “Service is complete at the time of deposit.”
So, if deposit of the sealed envelope with postage paid thereon, is placed according to the language in Section 1013(a) above, it would still be considered a valid service.
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