“Notice” per Rule 2002 versus “Service” per Rule 7004

Some practitioners give “notice” of their contested motion on a corporation when they have to “serve” it.  What’s the difference?  Let’s take a look….

Rule 2002 discusses “notice” which may be accomplished by U.S. Mail.

Rule 7004 focuses on “service” of certain matters (adversary proceedings & contested matters!) Luckily, you can “serve” by mail too.

But here’s the trick, what if your opponent in the contested matter is a corporation?   What do you write on the envelope and proof of service?

Notice” on a corporation is complete by addressing it to the corporation.

Example: Bob’s Big Boy Inc. 100 Wilshire Blvd. Los Angeles, CA 90101. 

Service” on a corporation is complete by writing it to the “Attention of an Officer, a managing or general agent…”

Ex:  Bob’s Big Boy Inc.  Attention Chief Executive Officer Marc Williams, 100 Wilshire Blvd. Los Angeles, CA 90101.  

 

So — to recap, if you have a contested motion (more on that later), then make sure you are not just “giving notice” but actually “serving” the document per Rule 7004.

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