AB747 - Service of Process Accountability, Reform and Equity (SPARE) Act.

Assembly Bill No. 747 CHAPTER 563 An act to amend, repeal, and add Section 22355 of the Business and Professions Code, and to amend, repeal, and add Sections 415.20, 415.45, 417.10, 417.40, 473, 473.5, 585, and 1166 of, and to add Section 473.2 to, the Code of Civil Procedure, relating to service of process. [ Approved by Governor October 10, 2025. Filed with Secretary of State October 10, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 747, Kalra. Service of Process Accountability, Reform and Equity (SPARE) Act. (1) Existing law requires a natural person who, for specific compensation, makes more than 10 services of process within the state in one calendar year, or a corporation or partnership that derives compensation from service of process within the state, to file and maintain a verified certificate of registration as a process server with the county clerk of the county in which the person, corporation, or partnership resides or has its principal place of business, except as specified. Existing law requires each county clerk to maintain a register of process servers and assign a number and issue an identification card to each process server. This bill would, beginning January 1, 2027, require that the register of process servers maintained by a county clerk be publicly available. By imposing a new duty on county clerks, the bill would create a state-mandated local program. (2) Existing law provides that a service of a summons in a civil action that complies with specified procedures is not invalid or ineffective solely because it was made by a person in violation of the requirements pertaining to registered process servers. Existing law provides that if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, the summons may be served by leaving a copy at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a person who is at least 18 years of age, and by thereafter mailing a copy of the summons and complaint as specified. Existing law also authorizes a summons in an action for unlawful detainer to be served by posting if the court is satisfied that the party to be served cannot with reasonable diligence be served in any authorized manner other than publication, and that other specified conditions are met. Existing law requires the proof of service of a summons to contain specified information and documentation. This bill would define “reasonable diligence,” for purposes of service of process in specified civil cases, to mean attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times. The bill would require the proof of service of a summons and complaint, if served personally, by substituted service, or by posting, if the summons is for an action for unlawful detainer of real property, to include at least one photograph, if such can be obtained without compromising the safety of the process server, of the site of the effectuated or attempted service and contain a readable stamp and global positioning system (GPS) coordinates indicating the date, time, and location of service. The bill would require the process server to provide a detailed statement on the proof of service, as specified, if there is no GPS or cellular signal available at the time and place of the effected or attempted service. The bill would make these requirements operative on January 1, 2027. (3) Existing law authorizes a court, on motion of a party and after notice to the other party, to set aside any void judgment or order. This bill would authorize a party that did not receive proper service of the summons and complaint to bring a motion to set aside or vacate a default or default judgment or for leave to defend the action or to move for dismissal. The bill would require a party that files a motion to set aside or vacate a default or default judgment to proffer evidence that service of the summons and complaint was not effected. The bill would provide that the party seeking the default or default judgment has the burden of proving, by a preponderance of the evidence, that service was lawful. The bill would require the court to take evidence and would require the court to conduct a hearing and receive oral testimony if requested by either party. The bill would specify that the above provisions would not limit any other available remedies under the law. The bill would make these provisions operative on January 1, 2027. (4) Existing law prescribes requirements for civil actions for unlawful detainer filed by landlords to remove tenants from their properties. Existing law requires that certain information be included in the complaint for unlawful detainer, including the method used to serve the defendant with the notice of termination of tenancy. This bill would additionally require the complaint to include information describing the date, time, and location of effected service of the termination notice. The bill would make this requirement operative on January 1, 2027. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) A fundamental requirement of due process is proper service of the summons and complaint so that defendants in lawsuits have notice of the claims against them. Invalid service, nonservice, or fraudulent service of process violates defendants’ constitutional rights and blocks their access to the civil justice system. Improper service of process represents a fundamental miscarriage of justice that effectively strips defendants of their right to be notified of legal proceedings that have been filed against them, denying them the opportunity to prepare a defense and resulting in judgments that may proceed without their knowledge, participation, or consent. The California Supreme Court has directly acknowledged the problem of “inadequate and even fraudulent service” or “‘sewer service’—so denominated because the server throws the documents ‘down the sewer’ and then falsifies its affidavit of service.” (Cal. Capital Insurance Co. v. Hoehn (2024) 17 Cal.5th 207.) (b) The Legislature finds that defective or fraudulent service of process denies Californians one of the most fundamental promises of our democratic system—access to justice for all. Accordingly, the Legislature enacts this bill to address the problem and advance accountability and transparency in service of process. SEC. 2. Section 22355 of the Business and Professions Code is amended to read: 22355. (a) The county clerk shall maintain a register of process servers and assign a number and issue an identification card to each process server. The county clerk shall issue a temporary identification card, for no additional fee, to applicants who are required to submit Request for Live Scan forms for background checks to the Federal Bureau of Investigation and the Department of Justice. This card shall be valid for 120 days. If clearance is received from the Federal Bureau of Investigation and the Department of Justice within 120 days, the county clerk shall immediately issue a permanent identification card to the applicant. Upon request of the applicant, the permanent identification card shall be mailed to the applicant at the applicant’s address of record. Upon renewal of a certificate of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which the applicant was previously registered and there is no lapse of three or more years in the period of registration. (b) The temporary and permanent identification cards shall be not less than 3 1 / 4 inches by 2 inches and shall contain at the top the title, “Registered Process Server,” followed by the registrant’s name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. SEC. 3. Section 22355 is added to the Business and Professions Code, to read: 22355. (a) The county clerk shall maintain a publicly available register of process servers and assign a number and issue an identification card to each process server. The county clerk shall issue a temporary identification card, for no additional fee, to applicants who are required to submit Request for Live Scan forms for background checks to the Federal Bureau of Investigation and the Department of Justice. This card shall be valid for 120 days. If clearance is received from the Federal Bureau of Investigation and the Department of Justice within 120 days, the county clerk shall immediately issue a permanent identification card to the applicant. Upon request of the applicant, the permanent identification card shall be mailed to the applicant at the applicant’s address of record. Upon renewal of a certificate of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which the applicant was previously registered and there is no lapse of three or more years in the period of registration. (b) The temporary and permanent identification cards shall be not less than 3 1 / 4 inches by 2 inches and shall contain at the top the title, “Registered Process Server,” followed by the registrant’s name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. (c) This section shall become operative on January 1, 2027. SEC. 4. Section 415.20 of the Code of Civil Procedure is amended to read: 415.20. (a) In lieu of personal delivery of a copy of the summons and 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 complaint during usual office hours in the person’s office or, if no physical address is known, at the person’s usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (b) If a copy of the summons and 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 complaint at the 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 their 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 complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (c) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the commercial mail receiving agency in the manner described in subdivision (d) of Section 17538.5 of the Business and Professions Code. (d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. SEC. 5. Section 415.20 is added to the Code of Civil Procedure, to read: 415.20. (a) In lieu of personal delivery of a copy of the summons and 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 complaint during usual office hours in the person’s office or, if no physical address is known, at the person’s usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by United States Postal Service first-class mail, Priority Mail with tracking, or Certified Mail with return receipt requested, with postage prepaid, to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (b) (1) If a copy of the summons and 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 complaint at the 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 their office, place of business, or usual mailing address other than a United States Postal Service [Text truncated for display. Full text available on Congress.gov.]