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AB-1093 Service of process.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB1093:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1093


Introduced by Assembly Member Chen

February 17, 2017


An act to amend Section 22351.5 of the Business and Professions Code, and to amend Sections Section 415.20 and 683.160 of the Code of Civil Procedure, relating to service of process.


LEGISLATIVE COUNSEL'S DIGEST


AB 1093, as amended, Chen. Service of process.
(1) Existing law requires a person who makes more than 10 services of process within the state during one calendar year, for compensation, to file and maintain a verified certificate of registration as a process server with a county clerk, as specified. Existing law requires a person registering as a process server to submit a certificate of registration, pay a filing fee, and submit a $2,000 bond and a form to verify the person has not been convicted of a felony. Under existing law a certificate of registration is effective for two years or until the date the bond expires, whichever occurs first, and a certificate can be renewed up to 60 days before its expiration. Existing law requires a person renewing a lapsed certificate of registration to resubmit the form to verify that he or she has not been convicted of a felony.
This bill would instead require a person renewing a certificate of registration to only submit the form to verify that he or she has not been convicted of a felony if there is a lapse of less than 3 years since his or her certificate expired.
(2) Under existing law, if a copy of a summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified, a summons and complaint may be served by leaving a copy with certain people 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 box, and mailing a copy of the summons and complaint by first-class mail to the place where a copy was left.
This bill would, if a copy of a summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified, and the mailing address of the person to be served is a commercial mail receiving agency, authorize a summons and complaint to be served by leaving a copy with the person in charge of the commercial mail receiving agency and mailing a copy of the summons and complaint by first-class mail to the place where the copy was left.

(3)Existing law authorizes a money judgment or judgment for possession or sale of property to be extended by renewing the judgment. Existing law requires a judgment to be renewed by filing a renewal application in the court in which the judgment was entered, and requires a notice of renewal to be served on the judgment debtor personally or by first-class mail with proof of service filed with the court clerk.

This bill would instead require a notice of renewal of a judgment to be served on the judgment debtor in the same manner as a summons and complaint.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 22351.5 of the Business and Professions Code is amended to read:

22351.5.
 (a) At the time of filing an initial certificate of registration or untimely renewing a certificate of registration that has lapsed, as specified in Section 22355, the registrant shall also submit a completed Request for Live Scan form confirming fingerprint submission to the Department of Justice and the Federal Bureau of Investigation, in order to verify that the registrant has not been convicted of a felony. The clerk shall use the Subsequent Arrest Notification Contract provided by the Department of Justice for notifications subsequent to the initial certificate of registration.
(b) If, after receiving the results of the Request for Live Scan, the clerk is advised that the registrant has been convicted of a felony, the presiding judge of the superior court of the county in which the certificate of registration is maintained may review the criminal record and, unless the registrant is able to produce a copy of a certificate of rehabilitation, expungement, or pardon, as specified in paragraph (2) of subdivision (a) of Section 22351, notify the registrant that the registration is revoked. An order to show cause for contempt may be issued and served upon any person who fails to surrender a registered process server identification card after a notice of revocation.

SEC. 2.

 Section 415.20 of the Code of Civil Procedure is amended to read:

415.20.
 (a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(b) (1) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by doing both of the following:
(A) 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 his or her 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. If the mailing address of the person to be served is a commercial mail receiving agency, service may be made on the person there in charge on the first attempt.
(B) 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.
(2) Service of a summons in the manner described in paragraph (1) is deemed complete on the 10th day after the mailing.

SEC. 3.Section 683.160 of the Code of Civil Procedure is amended to read:
683.160.

(a)The judgment creditor shall serve a notice of renewal of the judgment on the judgment debtor. Service shall be made in the same manner as a summons and complaint and proof of service shall be filed with the court clerk. The notice shall be in a form prescribed by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 30 days within which to make a motion to vacate or modify the renewal.

(b)Until proof of service is filed pursuant to subdivision (a), no writ shall be issued, nor shall any enforcement proceedings be commenced to enforce the judgment, except to the extent that the judgment would be enforceable had it not been renewed.