Simplon Ballpark, LLC v. Scull

Opinion

McINTYRE, J.

Code of Civil Procedure section 1013a sets forth three methods for a party to prove service by mail. (Undesignated statutory references are to the Code of Civil Procedure.) Subdivision (3) of section 1013a governs the method of service where correspondence is placed in an outgoing mail bin from which it is picked up, combined with other outgoing mail and then deposited with the United States Postal Service (USPS) that same day in the ordinary course of business. (Undesignated subdivision references are to section 1013a.) Service under subdivision (3) is presumed invalid if…