Service of Process Accountability, Reform and Equity (SPARE) Act.

Kalra’s SPARE Act ties accountability in service of process to a publicly accessible registry and tighter verification requirements, weaving authorial intent for greater transparency into concrete procedural changes. The measure would require county clerks to maintain and publicly publish a register of process servers, replacing the current approach with a publicly accessible system and creating a state-mandated local program. It also moves forward with a revision of process-server identification and background-check processes, while signaling that the public register would take effect in early 2027.

A core set of changes centers on how service of process is proven and validated. The bill defines reasonable diligence for serving process in specified civil actions as making three personal-delivery attempts on three different days at three different times. It adds requirements for proof of service to include photographs of the site of service for personal, substituted, or posted service in unlawful-detainer cases, when feasible without compromising safety, along with a readable stamp and GPS coordinates indicating date, time, and location. If GPS or cellular signals are unavailable, the server must provide a detailed statement explaining the lack. The bill also requires the complaint in unlawful-detainer actions to describe the date, time, and location of service of the termination notice, effective January 1, 2027.

The reform extends and alters service mechanics and oversight through several code changes. A new method of service in which a copy is left at a person’s office during usual business hours and then mailed with first-class mail, tracking, or certified mail is added, with deemed service ten days after mailing. The action also adds, for postings in unlawful-detainer contexts, a court-directed posting process and immediate mailing by certified mail, with a ten-day deeming period after posting and mailing. In addition, new provisions require proofs of service to identify the county and the assigned process-server number, and to attach photographs and other details when service is by mail, posting, or public posting, with operative date set for 2027. The measure also introduces a new section governing motions to set aside or vacate default or default judgments, requiring the movant to show lack of lawful service by sworn affidavit or other evidence, and providing that the court may conduct hearings or accept oral testimony as part of the fact-finding. These relief provisions include tailored timelines and conditions, and a companion provision adds a parallel framework for motions to vacate void defaults, with operative guidance set for 2027.

Beyond service mechanics, the bill reshapes pleading and enforcement related to defaults and remedies. It mandates that a complaint in residential eviction actions include specifics about the service method and the date/time/location of service for termination notices, and it introduces procedural pathways to challenge or defend defaults when proper service is disputed. It also broadens the circumstances under which a court may grant relief from judgments or dismissal due to clerical errors, inadvertence, or lack of notice, stipulating timeframes and evidentiary requirements, and it imposes explicit conditions on attorneys’ fees and sanctions as part of relief from default, all with an operative horizon toward the end of the decade.

To support implementation and fiscal consistency, the bill clarifies funding and mandates considerations. It acknowledges potential state-mandated local costs and provides that reimbursement would follow existing Government Code procedures if the Commission on State Mandates determines such costs exist. The package situates these changes within a broader policy aim to protect due process by ensuring clearer notice and verifiable service, while maintaining a timeline that culminates in a comprehensive overhaul of process-service practices by January 2027.