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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i am a registered process server in alameda county,ca. today

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i am a registered process server in alameda county,ca.
today i tried to serve a restraining order to a security guard at kaiser hospital oakland. the management not only refused to have her come down,but warned her and put out an alert over the radio to be out on the look out for me. is this contempt of court ? also the sheriff dept. and oakland police said they can not help unless i was get assaulted. what can i do or what are the legal codes i can use next visit
Hi,

Even though you are serving a restraining order, the regular rules of service apply. Because the hospital is private property, you do not have a right to access to the security guard to serve him. Thus, the management's refusal to allow you to see him is not contempt of court (the management has not been ordered to do anything, so there isn't any contempt). However, if you have access to the management Rule 415.20 (a) allows you to serve a person who is in charge of the property (management).

The specific code provision is as follows:
415.20. (a) In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.
(b) If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

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