| Last Version Text |
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<ns0:ActionText>CHAPTERED</ns0:ActionText>
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<ns0:ActionText>APPROVED</ns0:ActionText>
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<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-10-10</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>747</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
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<ns0:ChapterNum>563</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Kalra</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Kalra</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>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.</ns0:Title>
<ns0:RelatingClause>service of process</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Service of Process Accountability, Reform and Equity (SPARE) Act.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>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.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>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.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>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.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>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.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>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.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_AC0D5436-59B4-4C3D-9F41-7E2B2A6A15AD">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
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.)
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
</ns0:Content>
</ns0:BillSection>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 22355 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>22355.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The temporary and permanent identification cards shall be not less than 3
<ns0:Fraction>
<ns0:Numerator>1</ns0:Numerator>
<ns0:Denominator>4</ns0:Denominator>
</ns0:Fraction>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall
remain in effect only until January 1, 2027, and as of that date is repealed.
</html:p>
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<ns0:BillSection id="id_2EF85419-C349-4D50-86B4-F42791A02F7A">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 22355 is added to the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_100E7245-8889-43B8-8A39-7F8DFE57AE5E">
<ns0:Num>22355.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The temporary and permanent identification cards shall be not less than 3
<ns0:Fraction>
<ns0:Numerator>1</ns0:Numerator>
<ns0:Denominator>4</ns0:Denominator>
</ns0:Fraction>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 415.20 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_B1D3B83C-172D-4684-A967-7AE6A6210969">
<ns0:Num>415.20.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
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This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 415.20 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:LawSection id="id_FBC08133-BFCE-44EC-881D-DF663E4C223D">
<ns0:Num>415.20.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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 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. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, a party shows reasonable diligence by attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In an action to collect “consumer debt,” as defined in Section 1788.2 of the Civil Code, at least one of the service attempts shall be made at the dwelling place or usual place of abode of the person to be served, provided that the
dwelling place or usual place of abode is known or could be determined with reasonable effort.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
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This section does not affect the provisions of Section 6206 of the Government Code.
</html:p>
<html:p>
(e)
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This section shall become operative on January 1, 2027.
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<ns0:Num>SEC. 6.</ns0:Num>
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Section 415.45 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Num>415.45.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A cause of action exists against the party upon whom service is to be made or they are a necessary or proper party to the action; or
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding such party from any interest in
such property.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at the party’s last known address.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Service of summons in this manner is deemed complete on the 10th day after posting and mailing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding an order for posting of the summons, a summons may be served in any other manner authorized by this article, except publication, in which event such service shall supersede any posted summons.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
</html:p>
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<ns0:BillSection id="id_58470D77-C37D-4A3D-B26B-2094671A04D4">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 415.45 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E60C02D9-D4ED-4A0F-877A-5665832873A7">
<ns0:Num>415.45.</ns0:Num>
<ns0:LawSectionVersion id="id_AD56936C-3315-4C52-B432-77C48F518F1E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and if either of the following conditions exists:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A cause of action exists against the party upon whom service is to be made or they are a necessary or proper party to the action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or
in part in excluding such party from any interest in such property.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at the party’s last known address.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Service of summons in this manner is deemed complete on the 10th day after posting and mailing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, a party shows reasonable diligence by attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except with respect to actions for unlawful detainer of
“commercial real property,” as defined under subdivision (d) of Section 1161.1 or “program participants,” as defined under paragraph (9) of subdivision (a) of Section 6205.5 of the Government Code, at least one of the attempts shall be made at the dwelling place or usual place of abode of the person to be served, provided that the dwelling place or usual place of abode is known or could be determined with reasonable effort.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding an order for posting of the summons, a summons may be served in any other manner authorized by this article, except publication, in which event such service shall supersede any posted summons.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
</html:p>
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<ns0:BillSection id="id_25A1647A-890F-438C-B20F-32953BCEA326">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 417.10 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_347681B8-FC90-4B64-959D-038DD5649BBC">
<ns0:Num>417.10.</ns0:Num>
<ns0:LawSectionVersion id="id_C4CE2677-9C54-4394-88BF-ACCB414FB429">
<ns0:Content>
<html:p>Proof that a summons was served on a person within this state shall be made:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
If served under Section 415.10, 415.20, or 415.30, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this chapter. The affidavit shall recite or in other manner show the name of the person to whom a copy of the summons and of the complaint were delivered, and, if appropriate, the person’s title or the capacity in which the person is served, and that the notice required by Section 412.30 appeared on the copy of the summons served, if in fact it did appear.
</html:p>
<html:p>If service is made by mail pursuant to Section 415.30, proof of service shall include the
acknowledgment of receipt of summons in the form provided by that section or other written acknowledgment of receipt of summons satisfactory to the court.</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If served by publication pursuant to Section 415.50, by the affidavit of the publisher or printer, or the publisher’s or the printer’s foreperson or principal clerk, showing the time and place of publication, and an affidavit showing the time and place a copy of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If served pursuant to another law of this state, in the manner prescribed by that law or, if no manner is prescribed, in the manner prescribed by this section for proof of a similar manner of service.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
By the written admission of the party.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All proof of personal service shall be made on a form adopted by the Judicial Council.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_162ACE4D-41CD-4DB1-BC54-79698607A4C2">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 417.10 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B0E9EDBE-C4CF-4534-8468-BE9B9B423326">
<ns0:Num>417.10.</ns0:Num>
<ns0:LawSectionVersion id="id_AEC53EC0-C799-4674-9BA9-EE7DF9229237">
<ns0:Content>
<html:p>Proof that a summons was served on a person within this state shall be made:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
If served under Section 415.10, 415.20, 415.30, or 415.45, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this chapter. The affidavit shall recite or in other manner show the name of any person to whom a copy of the summons and complaint were delivered, and, if appropriate, the person’s title or the capacity in which the person is served, and that the notice required by Section 412.30 appeared on the copy of the summons served, if in fact it did appear.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If served under Section 415.10, 415.20, or 415.45, the
proof of service shall include one or more photographs of the site of each effected or attempted service of the summons and complaint.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Each photograph shall contain a readable stamp that establishes and automatically records the date, time, and global positioning system (GPS) or equivalent coordinates of the effected or attempted service.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If no GPS, cellular, or equivalent signal is available at the time and place of an effected or attempted service, the process server shall provide a detailed statement on or with the proof of service explaining the reason for the lack of a readable GPS or equivalent stamp on the photograph.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the site of the effected or attempted service is a dwelling place or abode, for each effected or attempted service of the summons and complaint, at least
one of the photographs required by paragraph (1) shall show the door, or, if the door is not reasonably accessible, the entrance of the house, apartment, or other dwelling place of the person to be served.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the site of the effected or attempted service is a place of business, for each effected or attempted service of the summons and complaint, at least one of the photographs required by paragraph (1) shall show the door, or, if the door is not reasonably accessible, the entrance of the specific office or other place of business of the person being served.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of subparagraphs (A) and (B), if the door is not reasonably accessible and the process server takes a photograph of the entrance instead, the process server shall explain with specificity on or with the proof of service why the door was not accessible.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If service is made by mail pursuant to Section 415.30, proof of service shall include the acknowledgment of receipt of summons in the form provided by that section or other written acknowledgment of receipt of summons satisfactory to the court.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a photograph is not required if, in the reasonable judgment of the process server, taking a photograph would compromise the process server’s safety. In such circumstances, the process server shall document the effected or attempted service on the proof of service and provide a detailed statement explaining why taking a photograph would have compromised their safety.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The photograph required by paragraph (1) shall be taken by the process server as closely as practicable to the time of effecting or attempting service.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If
served by publication pursuant to Section 415.50, by the affidavit of the publisher or printer, or the publisher’s or printer’s foreperson or principal clerk, showing the time and place of publication, and an affidavit showing the time and place a copy of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If served pursuant to another law of this state, in the manner prescribed by that law or, if no manner is prescribed, in the manner prescribed by this section for proof of a similar manner of service.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
By the written admission of the party.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the
complaint were mailed to the party to be served, if in fact mailed.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All proof of personal service shall be made on a form adopted by the Judicial Council.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
</html:p>
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<ns0:Num>SEC. 10.</ns0:Num>
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Section 417.40 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_AF1E528F-DF64-4F72-8797-AC526110D1AC">
<ns0:Num>417.40.</ns0:Num>
<ns0:LawSectionVersion id="id_12E678CD-F3CE-4591-BE59-FE3BFA8BF808">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any proof of service which is signed by a person registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or the person’s employee or independent contractor shall indicate the county in which the person is registered and the number assigned to the person pursuant to Section 22355 of the Business and Professions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
</html:p>
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<ns0:BillSection id="id_D095D111-3A3F-4E4A-9390-459C8FFB6D37">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 417.40 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4B8D6C05-E73F-4DEE-A988-1DA66E76E3DA">
<ns0:Num>417.40.</ns0:Num>
<ns0:LawSectionVersion id="id_5927710F-2781-496C-8DE1-A5A0E25FC30B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A proof of service that is signed by a person who is required to be registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or the person’s employee or independent contractor shall indicate the number assigned to the person by the county clerk pursuant to Section 22355 of the Business and Professions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BEB08525-DD36-4BD2-B10B-A0744212B562">
<ns0:Num>SEC. 12.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CCP:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'473.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 473 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_022E8E2D-9A12-4537-93D9-A8A55A5BC77A">
<ns0:Num>473.</ns0:Num>
<ns0:LawSectionVersion id="id_20593F77-52F4-4212-91A1-7EFF5E9EF14F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When it appears to the satisfaction of the court that the amendment renders it necessary, the court may postpone the trial, and may, when the
postponement will by the amendment be rendered necessary, require, as a condition to the amendment, the payment to the adverse party of any costs as may be just.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court may, upon any terms as may be just, relieve a party or the party’s legal representative from a judgment, dismissal, order, or other proceeding taken against the party through the party’s mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding determining the ownership or right to possession of real or personal property, without extending the six-month period, when a notice in writing is personally
served within the State of California both upon the party against whom the judgment, dismissal, order, or other proceeding has been taken, and upon the party’s attorney of record, if any, notifying that party and the party’s attorney of record, if any, that the order, judgment, dismissal, or other proceeding was taken against the party and that any rights the party has to apply for relief under the provisions of Section 473 of the Code of Civil Procedure shall expire 90 days after service of the notice, then the application shall be made within 90 days after service of the notice upon the defaulting party or the party’s attorney of record, if any, whichever service shall be later. No affidavit or declaration of merits shall be required of the moving party. Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to the
attorney’s mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against the attorney’s client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against the attorney’s client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Impose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Grant other relief as is appropriate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
However, where the court grants relief from a default or default judgment pursuant to this section based upon the affidavit of the defaulting party’s attorney attesting to the attorney’s mistake, inadvertence, surprise, or neglect, the relief shall not be made conditional upon the attorney’s payment of compensatory legal fees or costs or monetary penalties imposed by the court or upon compliance with other sanctions ordered by the court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_79E4F9B3-987A-4C7B-B687-95EC25BFE385">
<ns0:Num>SEC. 13.</ns0:Num>
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Section 473 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3043793C-7626-46D6-8690-BBFF063979D5">
<ns0:Num>473.</ns0:Num>
<ns0:LawSectionVersion id="id_6B17274D-CF1B-4F1B-81D3-CAC3D04DF562">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When it appears to the satisfaction of the court that the amendment renders it necessary, the court may postpone the trial,
and may, when the postponement will by the amendment be rendered necessary, require, as a condition to the amendment, the payment to the adverse party of any costs as may be just.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court may, upon any terms as may be just, relieve a party or the party’s legal representative from a judgment, dismissal, order, or other proceeding taken against the party through the party’s mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding determining the ownership or right to possession of real or personal property, without extending the six-month period, when a notice in
writing is personally served within the State of California both upon the party against whom the judgment, dismissal, order, or other proceeding has been taken, and upon the party’s attorney of record, if any, notifying that party and the party’s attorney of record, if any, that the order, judgment, dismissal, or other proceeding was taken against the party and that any rights the party has to apply for relief under the provisions of Section 473 of the Code of Civil Procedure shall expire 90 days after service of the notice, then the application shall be made within 90 days after service of the notice upon the defaulting party or the party’s attorney of record, if any, whichever service shall be later. No affidavit or declaration of merits shall be required of the moving party. Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn
affidavit attesting to the attorney’s mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against the attorney’s client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against the attorney’s client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Impose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Grant other relief as is appropriate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
However, where the court grants relief from a default or default judgment pursuant to this section based upon the affidavit of the defaulting party’s attorney attesting to the attorney’s mistake, inadvertence, surprise, or neglect, the relief shall not be made conditional upon the attorney’s payment of compensatory legal fees or costs or monetary penalties imposed by the court or upon compliance with other sanctions ordered by the court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other requirements of this section, a party to an action may bring a motion to vacate a default judgment that is void for lack of proper service at any time after entry of the judgment.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
</html:p>
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<ns0:BillSection id="id_0A635007-A0CD-4132-A0AB-C76F7B283293">
<ns0:Num>SEC. 14.</ns0:Num>
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Section 473.2 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_06E8579C-8D31-475D-B917-467A1999904E">
<ns0:Num>473.2.</ns0:Num>
<ns0:LawSectionVersion id="id_A22D35DD-73EF-4628-A0F7-F763306CFA16">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the default or default judgment and for leave to defend the action or to move for dismissal.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A party moving to set aside or vacate a default or a default judgment pursuant to subdivision (a) shall proffer evidence, through a sworn affidavit or otherwise, that service was not lawfully effected. Proffering evidence that service was not lawfully effected rebuts a presumption of the facts stated in the process server’s return.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a process server files their return before the operative date of this section, the
absence of the photograph required by Section 417.10 shall not by itself render the proof of service unlawful or insufficient.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In responding to a motion that is filed pursuant to this section and that complies with subdivision (b), the party seeking a default or default judgment has the burden of proving by a preponderance of the evidence that service of the summons and complaint was lawful.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In deciding a motion filed pursuant to subdivision (a), the court shall take evidence as to the lawfulness of the service of process and shall not deny a reasonable request by either party to conduct a hearing and permit oral testimony.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not limit any other remedies available under law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on January
1, 2027.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_E8715E15-2973-4C61-AFE2-1DD1B059E89B">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 473.5 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3BFB4833-BC33-49EB-B674-CD43EC473341">
<ns0:Num>473.5.</ns0:Num>
<ns0:LawSectionVersion id="id_12884546-1F7D-4018-AE2E-7ED6796A7466">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i)
<html:span class="EnSpace"/>
two years after entry of a default judgment against the party; or (ii)
<html:span class="EnSpace"/>
180 days after service on the party of a written notice that the default or default judgment has been entered.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A notice of motion to set aside a default or default judgment and for leave to defend the action shall
designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by the party’s avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that the party’s lack of actual notice in time to defend the action was not caused by the party’s avoidance of service or inexcusable neglect, it may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that
date is repealed.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_348E0724-72A7-4EAB-97BD-6FA69C6DC2FA">
<ns0:Num>SEC. 16.</ns0:Num>
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Section 473.5 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1015C1AE-BE2F-4B92-A31E-05EEFDACC964">
<ns0:Num>473.5.</ns0:Num>
<ns0:LawSectionVersion id="id_5B10F26D-FE3D-43FD-BB4B-BD3FAC4AB750">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When service of a summons was lawfully effected but has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i)
<html:span class="EnSpace"/>
two years after entry of a default judgment against the party; or (ii)
<html:span class="EnSpace"/>
180 days after service on the party of a written notice that the default or default judgment has been entered.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A notice of motion to set aside a default or default judgment
and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by the party’s avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that the party’s lack of actual notice in time to defend the action was not caused by the party’s avoidance of service or inexcusable neglect, it may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become operative on
January 1, 2027.
</html:p>
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<ns0:BillSection id="id_75EEB680-72D2-496B-9D0A-A4F696D4F040">
<ns0:Num>SEC. 17.</ns0:Num>
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Section 585 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_965AED44-2F12-44E3-8995-8571A5CDF595">
<ns0:Num>585.</ns0:Num>
<ns0:LawSectionVersion id="id_3A5BB9E1-6AB4-4CBC-B810-ED8DF2202F07">
<ns0:Content>
<html:p>Judgment may be had, if the defendant fails to answer the complaint, as follows:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In an action arising upon contract or judgment for the recovery of money or damages only, if the defendant has, or if more than one defendant, if any of the defendants have, been served, other than by publication, and no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, or notice of the filing of a petition for writ of mandate as provided in Section 418.10 has been filed with the clerk of the court
within the time specified in the summons, or within further time as may be allowed, the clerk, upon written application of the plaintiff, and proof of the service of summons, shall enter the default of the defendant or defendants, so served, and immediately thereafter enter judgment for the principal amount demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, or a lesser amount if credit has been acknowledged, together with interest allowed by law or in accordance with the terms of the contract, and the costs against the defendant, or defendants, or against one or more of the defendants. If, by rule of court, a schedule of attorneys’ fees to be allowed has been adopted, the clerk may include in the judgment attorneys’ fees in accordance with the schedule (1) if the contract provides that attorneys’ fees shall be allowed in the event of an action thereon, or (2) if the action is one in which the plaintiff is entitled by statute to recover
attorneys’ fees in addition to money or damages. The plaintiff shall file a written request at the time of application for entry of the default of the defendant or defendants, to have attorneys’ fees fixed by the court, whereupon, after the entry of the default, the court shall hear the application for determination of the attorneys’ fees and shall render judgment for the attorneys’ fees and for the other relief demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, or a lesser amount if credit has been acknowledged, and the costs against the defendant, or defendants, or against one or more of the defendants.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In other actions, if the defendant has been served, other than by publication, and no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss
pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10 or notice of the filing of a petition for writ of mandate as provided in Section 418.10 has been filed with the clerk of the court within the time specified in the summons, or within further time as may be allowed, the clerk, upon written application of the plaintiff, shall enter the default of the defendant. The plaintiff thereafter may apply to the court for the relief demanded in the complaint. The court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115, as appears by the evidence to be just. If the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment or to carry
the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. If the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account is involved, by a reference as above provided.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In all actions where the service of the summons was by publication, upon the expiration of the time for answering, and upon proof of the publication and that no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, or notice of the filing of a petition for
writ of mandate as provided in Section 418.10 has been filed, the clerk, upon written application of the plaintiff, shall enter the default of the defendant. The plaintiff thereafter may apply to the court for the relief demanded in the complaint; and the court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, as appears by the evidence to be just. If the defendant is not a resident of the state, the court shall require the plaintiff, or the plaintiff’s agent, to be examined, on oath, respecting any payments that have been made to the plaintiff, or to anyone for the plaintiff’s use, on account of any demand mentioned in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, and may render judgment for the amount that the plaintiff is
entitled to recover. In all cases affecting the title to or possession of real property, where the service of the summons was by publication and the defendant has failed to answer, no judgment shall be rendered upon proof of mere occupancy, unless the occupancy has continued for the time and has been of the character necessary to confer title by prescription. In all cases where the plaintiff bases a claim upon a paper title, the court shall require evidence establishing the plaintiff’s equitable right to judgment before rendering judgment. In actions involving only the possession of real property where the complaint is verified and shows by proper allegations that no party to the action claims title to the real property involved, either by prescription, accession, transfer, will, or succession, but only the possession thereof, the court may render judgment upon proof of occupancy by plaintiff and ouster by defendant.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the cases referred
to in subdivisions (b) and (c), or upon an application to have attorneys’ fees fixed by the court pursuant to subdivision (a), the court in its discretion may permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered, received, or heard in those cases. The facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If a defendant files a cross-complaint against another defendant or the plaintiff, a default may be entered against that party on that cross-complaint if the plaintiff or that cross-defendant has been served with that cross-complaint and has failed to file an answer, demurrer, notice of motion to strike of the character specified in subdivision (f),
notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, or notice of the filing of a petition for a writ of mandate as provided in Section 418.10 within the time specified in the summons, or within another time period as may be allowed. However, no judgment may separately be entered on that cross-complaint unless a separate judgment may, in fact, be properly awarded on that cross-complaint and the court finds that a separate judgment on that cross-complaint would not substantially delay the final disposition of the action between the parties.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A notice of motion to strike within the meaning of this section is a notice of motion to strike the whole or any part of a pleading filed within the time which the moving party is required
otherwise to plead to that pleading. The notice of motion to strike shall specify a hearing date set in accordance with Section 1005. The filing of a notice of motion does not extend the time within which to demur.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
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<ns0:BillSection id="id_8F6955E7-8287-4907-9B47-68DD68D3FBDF">
<ns0:Num>SEC. 18.</ns0:Num>
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Section 585 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:LawSection id="id_37924B07-3125-4436-9B67-3CF64B63A64A">
<ns0:Num>585.</ns0:Num>
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<html:p>Judgment may be had, if the defendant fails to answer the complaint, as follows:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In an action arising upon contract or judgment for the recovery of money or damages only, if the defendant has, or if more than one defendant, if any of the defendants have, been served, other than by publication, and no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, or notice of the filing of a petition for writ of mandate as provided in Section 418.10 has been filed with
the clerk of the court within the time specified in the summons, or within further time as may be allowed, the clerk, upon written application of the plaintiff, and proof of service of the summons, shall enter the default of the defendant or defendants, so served, and immediately thereafter enter judgment for the principal amount demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, or a lesser amount if credit has been acknowledged, together with interest allowed by law or in accordance with the terms of the contract, and the costs against the defendant, or defendants, or against one or more of the defendants. If, by rule of court, a schedule of attorney’s fees to be allowed has been adopted, the clerk may include in the judgment attorney’s fees in accordance with the schedule (1) if the contract provides that attorney’s fees shall be allowed in the event of an action thereon, or (2) if the action is one in which the plaintiff is
entitled by statute to recover attorney’s fees in addition to money or damages. The plaintiff shall file a written request at the time of application for entry of the default of the defendant or defendants, to have attorney’s fees fixed by the court, whereupon, after the entry of the default, the court shall hear the application for determination of the attorney’s fees and shall render judgment for the attorney’s fees and for the other relief demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, or a lesser amount if credit has been acknowledged, and the costs against the defendant, or defendants, or against one or more of the defendants.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In other actions, if the defendant has been served, other than by publication, and no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b,
notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10 or notice of the filing of a petition for writ of mandate as provided in Section 418.10 has been filed with the clerk of the court within the time specified in the summons, or within further time as may be allowed, the clerk, upon written application of the plaintiff, and proof of service of the summons, shall enter the default of the defendant. The plaintiff thereafter may apply to the court for the relief demanded in the complaint. The court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115, as appears by the evidence to be just. If the taking of an account, or the proof of any fact,
is necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. If the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account is involved, by a reference as above provided.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In all actions where the service of the summons was by publication, upon the expiration of the time for answering, and upon proof of the publication and that no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action
pursuant to Section 418.10, or notice of the filing of a petition for writ of mandate as provided in Section 418.10 has been filed, the clerk, upon written application of the plaintiff, shall enter the default of the defendant. The plaintiff thereafter may apply to the court for the relief demanded in the complaint; and the court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, as appears by the evidence to be just. If the defendant is not a resident of the state, the court shall require the plaintiff, or the plaintiff’s agent, to be examined, on oath, respecting any payments that have been made to the plaintiff, or to anyone for the plaintiff’s use, on account of any demand mentioned in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section
425.115, and may render judgment for the amount that the plaintiff is entitled to recover. In all cases affecting the title to or possession of real property, where the service of the summons was by publication and the defendant has failed to answer, no judgment shall be rendered upon proof of mere occupancy, unless the occupancy has continued for the time and has been of the character necessary to confer title by prescription. In all cases where the plaintiff bases a claim upon a paper title, the court shall require evidence establishing the plaintiff’s equitable right to judgment before rendering judgment. In actions involving only the possession of real property where the complaint is verified and shows by proper allegations that no party to the action claims title to the real property involved, either by prescription, accession, transfer, will, or succession, but only the possession thereof, the court may render judgment upon proof of occupancy by plaintiff and ouster by defendant.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the cases referred to in subdivisions (b) and (c), or upon an application to have attorney’s fees fixed by the court pursuant to subdivision (a), the court in its discretion may permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered, received, or heard in those cases. The facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If a defendant files a cross-complaint against another defendant or the plaintiff, a default may be entered against that party on that cross-complaint if the plaintiff or that cross-defendant has been served with that cross-complaint and has failed to file an
answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, or notice of the filing of a petition for a writ of mandate as provided in Section 418.10 within the time specified in the summons, or within another time period as may be allowed. However, no judgment may separately be entered on that cross-complaint unless a separate judgment may, in fact, be properly awarded on that cross-complaint and the court finds that a separate judgment on that cross-complaint would not substantially delay the final disposition of the action between the parties.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A notice of motion to strike within the meaning of this section is a notice of motion to strike
the whole or any part of a pleading filed within the time which the moving party is required otherwise to plead to that pleading. The notice of motion to strike shall specify a hearing date set in accordance with Section 1005. The filing of a notice of motion does not extend the time within which to demur.
</html:p>
<html:p>
(g)
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This section shall become operative on January 1, 2027.
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<ns0:Num>SEC. 19.</ns0:Num>
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Section 1166 of the
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is amended to read:
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<ns0:Num>1166.</ns0:Num>
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<html:p>
(a)
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The complaint shall:
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<html:p>
(1)
<html:span class="EnSpace"/>
Be verified and include the typed or printed name of the person verifying the complaint.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Set forth the facts on which the plaintiff seeks to recover.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Describe the premises with reasonable certainty.
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<html:p>
(4)
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If the action is based on paragraph (2) of Section 1161, state the amount of rent in default.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using
and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.
</html:p>
<html:p>
(b)
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The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint “Action based on Code of Civil Procedure Section 1161a.”
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<html:p>
(d)
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(1)
<html:span class="EnSpace"/>
In an action regarding residential property, the plaintiff shall attach to the complaint the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A copy of the
notice or notices of termination served on the defendant upon which the complaint is based.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached. The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The lease or rental agreement is oral.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An action based solely on subdivision (2) of Section 1161.
</html:p>
<html:p>
(2)
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If the plaintiff fails to
attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.
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<html:p>
(e)
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Upon filing the complaint, a summons shall be issued thereon.
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<html:p>
(f)
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This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
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<ns0:Num>SEC. 20.</ns0:Num>
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Section 1166 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:Num>1166.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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The complaint shall:
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<html:p>
(1)
<html:span class="EnSpace"/>
Be verified and include the typed or printed name of the person verifying the complaint.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Set forth the facts on which the plaintiff seeks to recover.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Describe the premises with reasonable certainty.
</html:p>
<html:p>
(4)
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If the action is based on paragraph (2) of Section 1161, state the amount of rent in default.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based, and the date, time, and
location of effected service of the termination notice. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint “Action based on Code of Civil Procedure Section 1161a.”
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In an action regarding residential property, the plaintiff shall attach to the complaint the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A copy of the notice or notices of termination served on the defendant upon which the complaint is based.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached. The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The lease or rental agreement is oral.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An action based solely on subdivision (2) of Section
1161.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Upon filing the complaint, a summons shall be issued thereon.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
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<ns0:Num>SEC. 21.</ns0:Num>
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<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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