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    SB-85
    Justice & Public Safety

    Civil actions: service of summons.

    Enrolled
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Authorizes courts to allow electronic service of legal summons when traditional methods have failed.
    • Requires plaintiffs to document all failed service attempts before requesting alternative service methods.
    • Excludes government entities and their employees from alternative service options.

    Summary

    Senator Umberg's civil procedure reform expands California courts' authority to permit alternative methods of serving legal summons when traditional approaches prove unsuccessful. The legislation modifies existing law to allow courts to authorize alternative service methods, including electronic delivery, when plaintiffs demonstrate they have exhaustively attempted standard statutory service procedures.

    Under the new provisions, plaintiffs must provide detailed documentation of all service attempts, including specific explanations for why each method failed at every location where the defendant might reasonably be found. Courts may then direct service through any means calculated to provide actual notice to the defendant, with electronic mail and other digital technologies now explicitly permitted as options. The amendment maintains existing service requirements for cases involving government entities and their employees, whether sued in official or individual capacities.

    The measure establishes a framework for courts to evaluate requests for alternative service by requiring plaintiffs to present comprehensive evidence of their diligence in attempting traditional methods before seeking authorization for electronic or other nonstandard approaches. This procedural update acknowledges modern communication methods while preserving safeguards to ensure defendants receive proper notification of legal proceedings.

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Special Consent SB85 Umberg
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 85 Umberg Consent Calendar Second Day
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass as amended. To Consent Calendar
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Consent Calendar 2nd SB85 Umberg
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass and be ordered to the Consent Calendar
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Contacts

    Profile
    Tom UmbergD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 1 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Tom UmbergD
    Senator
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Tom Umberg
    Tom UmbergD
    California State Senator
    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (8/25/2025)

    Latest Voting History

    View History
    August 25, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    370340PASS

    Key Takeaways

    • Authorizes courts to allow electronic service of legal summons when traditional methods have failed.
    • Requires plaintiffs to document all failed service attempts before requesting alternative service methods.
    • Excludes government entities and their employees from alternative service options.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Tom Umberg
    Tom UmbergD
    California State Senator

    Summary

    Senator Umberg's civil procedure reform expands California courts' authority to permit alternative methods of serving legal summons when traditional approaches prove unsuccessful. The legislation modifies existing law to allow courts to authorize alternative service methods, including electronic delivery, when plaintiffs demonstrate they have exhaustively attempted standard statutory service procedures.

    Under the new provisions, plaintiffs must provide detailed documentation of all service attempts, including specific explanations for why each method failed at every location where the defendant might reasonably be found. Courts may then direct service through any means calculated to provide actual notice to the defendant, with electronic mail and other digital technologies now explicitly permitted as options. The amendment maintains existing service requirements for cases involving government entities and their employees, whether sued in official or individual capacities.

    The measure establishes a framework for courts to evaluate requests for alternative service by requiring plaintiffs to present comprehensive evidence of their diligence in attempting traditional methods before seeking authorization for electronic or other nonstandard approaches. This procedural update acknowledges modern communication methods while preserving safeguards to ensure defendants receive proper notification of legal proceedings.

    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (8/25/2025)

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Special Consent SB85 Umberg
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 85 Umberg Consent Calendar Second Day
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass as amended. To Consent Calendar
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Consent Calendar 2nd SB85 Umberg
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass and be ordered to the Consent Calendar
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Latest Voting History

    View History
    August 25, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    370340PASS

    Contacts

    Profile
    Tom UmbergD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 1 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Tom UmbergD
    Senator
    Bill Author