California Service of Process Rules are Changing – What Litigants, Landlords, and Businesses Should Know About AB 747
California Service of Process Rules are Changing – What Litigants, Landlords, and Businesses Should Know About AB 747
Assembly Bill 747 is known as the “SPARE Act.” It makes significant changes to the rules governing service of process in civil litigation. It is intended to improve accuracy and transparency in service of process, in hopes of minimizing disputes over whether defendants received proper notice of lawsuits.
While many of the new requirements fall on registered process servers, the practical impact of this legislation will extend to businesses, landlords, property managers, creditors, and any other party involved in California litigation. Improper service has the potential to delay cases, invalidate defaults, and increase litigation costs. Below, we highlight several of the most significant changes affecting service of process with this new legislation.
UNLAWFUL DETAINER ACTIONS
AB 747 also contains provisions specifically pertaining to unlawful detainer proceedings. Among the most significant changes are:
• New diligence requirements before service by posting may be utilized.
• A new pleading requirement that every unlawful detainer complaint must identify the date, time, location, and method used to serve the underlying termination notice.
In light of these changes, landlords and property managers are advised to prepare for greater scrutiny regarding service efforts and the information included in eviction pleadings.
TERMINATION NOTICES
The new diligence requirements governing unlawful detainer actions do not apply to service of three-day notices, termination notices, or similar pre-litigation notices.
However, with the new pleading requirements for unlawful detainer complaints, it is advised that parties to such actions prioritize careful documentation and service of these notices.
SUMMONSES AND COMPLAINTS
AB 747 primarily governs the service of summonses and complaints, making significant changes to service of process at the commencement of a civil lawsuit. These changes include:
• A public register of process servers.
• A new definition of “reasonable diligence” that must be satisfied before substituted service may be used.
• New documentation standards that require process servers to record photographs, dates, times, and GPS location information for service attempts.
• Expanded procedures allowing courts to grant relief where judgments were obtained following improper service.
The above-mentioned changes are intended to create a more comprehensive and reliable record of service, so that courts may be provided with additional evidence when disputes arise regarding proper service of the defendant(s).
It is important to note that AB 747, however, does not alter existing rules governing the routine service of documents after a defendant has appeared in the action. Once litigation commences, service of subsequent filings remains governed by the existing provisions of the California Code of Civil Procedure.
If you have questions about these developments or any other business or litigation matter, feel free to contact Epps & Coulson, LLP: Dawn – dawn@eppscoulson.com.
EPPS & COULSON, LLP
Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. It is likely considered advertising. Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business. Epps & Coulson, LLP attorneys and affiliated counsel admitted to practice in California, Texas, Colorado, Oregon, New York, Connecticut, District of Columbia, Massachusetts, Michigan, New Jersey, Hawaii, European Union, England and Wales, France (Paris Bar), Sweden, and the US Patent & Trademark Office.