(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 instead require a natural person who, for specific compensation, effectuates service of process in more than 10 actions within the state in one calendar year to file and maintain a verified certificate of registration as a process server. The bill would mandate every person, corporation, or partnership that is required to file and maintain a verified certificate of registration, as described above, to additionally file that certificate with the county clerk of every county in which the person, corporation, or partnership effectuates service of process. The bill would authorize a registered process server to effectuate service of process only in the county or counties in which they are registered. The bill would require each county clerk to make its register of process servers 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 eliminate the provision specifying that a service of summons that complies with specified procedural requirements is not invalid or ineffective solely because it was made by a person in violation of the requirements pertaining to registered process servers. The bill would define "reasonable diligence," for purposes of service of process, to mean attempting personal delivery of the summons, in good faith, on at least three occasions on three different days at three different times, with at least one such attempt being made at the dwelling house or usual place of abode of the person to be served. The bill would require the proof of service of a summons, if served personally, by substituted service, or by mail, to include at least one photograph of the site of the effectuated service and contain a readable time stamp and global positioning system (GPS) coordinates indicating the date, time, and location of service, and if the process server is required to be registered, the process server's identification card.
(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. Existing law authorizes a party, if service of a summons has not resulted in actual notice to the party in time to defend the action and a default or default judgment has been entered against the party, to serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.
This bill would authorize a party to bring a motion to vacate a default judgment that is void for lack of proper service at any time after entry of the judgment. The bill would also specify that if a party files a motion to set aside a default or default judgment, the plaintiff has the burden to establish by a preponderance of the evidence that service of the summons and complaint was lawful. The bill would require the court to take evidence as to the lawfulness of the service of process, and authorize the court to conduct a hearing and receive oral testimony if requested by either party.
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.

Statutes affected:
AB 747: 22350 BPC
02/18/25 - Introduced: 22350 BPC
03/24/25 - Amended Assembly: 22350 BPC, 22350 BPC, 22355 BPC, 22355 BPC, 22360 BPC, 22360 BPC, 22350 BPC