Chapter 4. Service Of Process of California Harbors And Navigation Code >> Division 3. >> Chapter 4.
As used in this chapter:
(a) "Watercraft" means any boat, ship, barge, craft or floating
thing designed for navigation in the water; and
(b) "Nonresident" means a person who is not a resident of this
State at the time the accident or collision occurs or at the time a
cause of action or claim for relief arises against him, and also
means a person who, at the time the accident or collision occurs or
at the time a cause of action or claim for relief arises against him
is a resident of this State but subsequently becomes a nonresident of
this State.
Where the nonresident has died prior to the commencement of a
suit, action or proceeding brought pursuant to this chapter service
of process shall be made on the executor or administrator of the
nonresident in the same manner and on the same notice as is provided
in the case of the nonresident. Where a suit, action or proceeding
has been duly commenced under the provisions of this chapter by
service upon a defendant or respondent who dies thereafter, the court
shall allow the suit, action or proceeding to be continued against
his executor or administrator upon motion with such notice as the
court deems proper.
Proof of compliance with Section 604 shall be made in the
event of service by mail by affidavit of the plaintiff or libelant or
by affidavit of his attorney showing said mailing, together with the
return receipt of the United States post office bearing the
signature of the defendant or respondent. The affidavit and receipt
shall be appended to the original summons or original citation, which
shall be filed with the court from out of which the summons or
citation issued within such time as the court may allow for the
return of the summons or citation.
In the event of personal service outside this State, compliance
with Section 604 may be proved by the return of any duly constituted
public officer, qualified to serve like process of and in the state
or jurisdiction where the defendant or respondent is found, showing
such service to have been made. The return shall be appended to the
original summons or original citation which shall be filed as
aforesaid.
The court in which the suit, action or proceeding is pending
may order such continuances as may be necessary to afford the
defendant or respondent reasonable opportunity to defend the suit,
action or proceeding.
In the event of service of process pursuant to this chapter
upon a nonresident outside this State, the person so served shall
have 60 days from receipt of the notice required under Section 604 in
which to appear in the suit, action or proceeding in which the
summons or citation was issued.
Nothing in this chapter shall be construed as affecting other
methods of service of process upon nonresidents as now provided by
existing laws.