Service of Process Accountability, Reform and Equity (SPARE) Act.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill, the Service of Process Accountability, Reform and Equity (SPARE) Act, aims to improve the process of serving legal documents in California. It requires the county clerk to maintain a publicly available register of process servers, mandates stricter standards for proving service, and allows defendants who didn’t receive proper service to challenge default judgments. Specifically, it introduces requirements for photographing service attempts and defines ‘reasonable diligence’ in service attempts, particularly for unlawful detainer actions.
Key provisions
- Requires a publicly available register of process servers maintained by county clerks.
- Mandates stricter proof of service, including photographs for many service attempts.
- Defines ‘reasonable diligence’ for service of process, requiring at least three attempts at personal delivery.
- Allows defendants who didn’t receive proper service to challenge default judgments.
- Requires complaints for unlawful detainer to include details about the service date, time, and location.
- Updates the requirements for service of process in cases involving unlawful detainer.
- Clarifies the definition of ‘reasonable diligence’ in service of process.
- Establishes a process for attorneys’ fees in cases involving default judgments.
Who is affected
- Process Servers
- Courts
- Defendants in civil lawsuits
- Landlords
Bill text
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Sponsors
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1 on record
Primary sponsor
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