Assembly Member Kalra's Service of Process Accountability, Reform and Equity (SPARE) Act introduces comprehensive changes to California's legal service requirements, establishing new standards for documenting and verifying service of process while expanding protections against improper service practices.
The legislation requires county clerks to maintain publicly accessible registers of process servers and mandates that proof of service include photographs with timestamps and GPS coordinates showing the precise location, date, and time of service. For personal or substituted service, at least one photograph must specifically capture the entrance to the served party's residence or business location. The bill defines "reasonable diligence" in service attempts as requiring three separate attempts on different days and times, with at least one attempt at the subject's residence.
Under the new provisions, parties can challenge default judgments based on improper service at any time after entry. When such challenges occur, plaintiffs must prove proper service by a preponderance of evidence, with courts authorized to conduct evidentiary hearings with oral testimony. The legislation also eliminates existing protections that prevented service from being invalidated solely because it was performed by an unregistered process server.
For unlawful detainer actions, the bill maintains allowing service by posting but adds the same "reasonable diligence" requirements regarding multiple service attempts. County clerks must now issue temporary 120-day identification cards to process server applicants pending background check results, followed by permanent cards upon clearance. The measure includes provisions for state reimbursement to local agencies for any costs mandated by these new requirements.
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Roger NielloR Senator | Committee Member | Not Contacted | |
![]() Benjamin AllenD Senator | Committee Member | Not Contacted | |
![]() Eloise ReyesD Senator | Committee Member | Not Contacted | |
![]() Ash KalraD Assemblymember | Bill Author | Not Contacted |
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Assembly Member Kalra's Service of Process Accountability, Reform and Equity (SPARE) Act introduces comprehensive changes to California's legal service requirements, establishing new standards for documenting and verifying service of process while expanding protections against improper service practices.
The legislation requires county clerks to maintain publicly accessible registers of process servers and mandates that proof of service include photographs with timestamps and GPS coordinates showing the precise location, date, and time of service. For personal or substituted service, at least one photograph must specifically capture the entrance to the served party's residence or business location. The bill defines "reasonable diligence" in service attempts as requiring three separate attempts on different days and times, with at least one attempt at the subject's residence.
Under the new provisions, parties can challenge default judgments based on improper service at any time after entry. When such challenges occur, plaintiffs must prove proper service by a preponderance of evidence, with courts authorized to conduct evidentiary hearings with oral testimony. The legislation also eliminates existing protections that prevented service from being invalidated solely because it was performed by an unregistered process server.
For unlawful detainer actions, the bill maintains allowing service by posting but adds the same "reasonable diligence" requirements regarding multiple service attempts. County clerks must now issue temporary 120-day identification cards to process server applicants pending background check results, followed by permanent cards upon clearance. The measure includes provisions for state reimbursement to local agencies for any costs mandated by these new requirements.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
59 | 13 | 7 | 79 | PASS |
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Roger NielloR Senator | Committee Member | Not Contacted | |
![]() Benjamin AllenD Senator | Committee Member | Not Contacted | |
![]() Eloise ReyesD Senator | Committee Member | Not Contacted | |
![]() Ash KalraD Assemblymember | Bill Author | Not Contacted |