Civil actions: service of summons.

Senator Umberg's civil procedure legislation expands California courts' authority to permit electronic service of summons when plaintiffs cannot complete traditional service methods despite reasonable diligence. The measure modifies existing law that allows courts to direct alternative service methods only when no statutory provision exists for serving summons.

Under the proposed changes, courts may authorize service by electronic mail or other electronic technologies upon motion, provided plaintiffs document their unsuccessful attempts to serve defendants through each statutorily prescribed method. The bill requires plaintiffs to detail why service failed at every location where defendants might reasonably be found. These provisions exclude actions against government entities and their employees, whether sued in official or individual capacities.

The legislation maintains the existing requirement that any alternative service method be reasonably calculated to give actual notice to the party being served. Courts retain discretion to determine what constitutes sufficient proof of service when authorizing electronic or other alternative methods.