Scull

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 the postmark is more than one day after the date of deposit for mailing contained in the proof of service declaration.

In this case, a party sought to invoke the presumption of invalidity to show the trial court lacked jurisdiction to rule on posttrial motions. We hold that the presumption set forth in subdivision (3) is a rebuttable presumption affecting the burden of producing evidence that must be affirmatively invoked by the party seeking to invalidate the service. We conclude the party seeking to invalidate the service did not affirmatively invoke the issue below. Accordingly, we reject the…