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AB-2286 Civil actions: service of notice or other paper.(2017-2018)

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Date Published: 06/14/2018 09:00 PM
AB2286:v97#DOCUMENT

Amended  IN  Senate  June 14, 2018
Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2286


Introduced by Assembly Member Chen

February 13, 2018


An act to amend Section 1011 of the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 2286, as amended, Chen. Civil actions: service of notice or other paper.
Existing law authorizes service of a notice or other paper in a civil action by personal delivery to the party or attorney on whom service is required to be made, or, for service upon a party, by leaving the notice or other papers with a person 18 years of age or older at the party’s residence between the hours of 8 a.m. and 6 p.m. Existing law provides that if, at the time of attempted service between those hours, a person 18 years of age or older cannot be found at the party’s residence, the notice or papers may be served by mail.
This bill would require the first attempt of service upon a party at a party’s residence to be made during those hours, and would authorize subsequent attempts to be made between 7 a.m. and 9 p.m. extend those hours to between the hours of 8 a.m. and 8 p.m.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1011 of the Code of Civil Procedure is amended to read:

1011.
 The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a) If upon an attorney, service may be made at the attorney’s office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, 9 a.m. and 5 p.m., in a conspicuous place in the office, or, if the attorney’s office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorney’s residence, with some person of not less than 18 years of age, if the attorney’s residence is in the same county with his or her office, and, if the attorney’s residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorney’s residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorney’s residence, if known. If neither the attorney’s office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b) If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the party’s residence with some person 18 years of age or older.
(1) The first Any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 6 p.m. 8 p.m.
(2) If, at the time of the first attempted service, as provided in paragraph (1), a person 18 years of age or older cannot be found at the party’s residence, additional attempts of service upon the party may be made between the hours of 7 a.m. and 9 p.m., or the notice or papers may be served by mail.
(3) If the party’s residence is not known, any attempt of service pursuant to this subdivision may be made by delivering the notice or papers to the clerk of the court, for that party.
(c) If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.