AB 747: Service of Process Accountability, Reform and Equity (SPARE) Act.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law requires a natural person who, for specific compensation, makes more than 10 services of process within the state in one calendar year, or a corporation or partnership that derives compensation from service of process within the state, to file and maintain a verified certificate of registration as a process server with the county clerk of the county in which the person, corporation, or partnership resides or has its principal place of business, except as specified. Existing law requires each county clerk to maintain a register of process servers and assign a number and issue an identification card to each process server.

This bill would, beginning January 1, 2027, require that the register of process servers maintained by a county clerk be publicly available. By imposing a new duty on county clerks, the bill would create a state-mandated local program.

(2)Existing law provides that a service of a summons in a civil action that complies with specified procedures is not invalid or ineffective solely because it was made by a person in violation of the requirements pertaining to registered process servers. Existing law provides that if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, the summons may be served by leaving a copy at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a person who is at least 18 years of age, and by thereafter mailing a copy of the summons and complaint as specified. Existing law also authorizes a summons in an action for unlawful detainer to be served by posting if the court is satisfied that the party to be served cannot with reasonable diligence be served in any authorized manner other than publication, and that other specified conditions are met. Existing law requires the proof of service of a summons to contain specified information and documentation.

This bill would define “reasonable diligence,” for purposes of service of process in specified civil cases, to mean attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times. The bill would require the proof of service of a summons and complaint, if served personally, by substituted service, or by posting, if the summons is for an action for unlawful detainer of real property, to include at least one photograph, if such can be obtained without compromising the safety of the process server, of the site of the effectuated or attempted service and contain a readable stamp and global positioning system (GPS) coordinates indicating the date, time, and location of service. The bill would require the process server to provide a detailed statement on the proof of service, as specified, if there is no GPS or cellular signal available at the time and place of the effected or attempted service. The bill would make these requirements operative on January 1, 2027.

(3)Existing law authorizes a court, on motion of a party and after notice to the other party, to set aside any void judgment or order.

This bill would authorize a party that did not receive proper service of the summons and complaint to bring a motion to set aside or vacate a default or default judgment or for leave to defend the action or to move for dismissal. The bill would require a party that files a motion to set aside or vacate a default or default judgment to proffer evidence that service of the summons and complaint was not effected. The bill would provide that the party seeking the default or default judgment has the burden of proving, by a preponderance of the evidence, that service was lawful. The bill would require the court to take evidence and would require the court to conduct a hearing and receive oral testimony if requested by either party. The bill would specify that the above provisions would not limit any other available remedies under the law. The bill would make these provisions operative on January 1, 2027.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 10, 2025Chaptered by Secretary of State - Chapter 563, Statutes of 2025.
2. October 10, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 4 p.m.
4. September 11, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 20. Page 3282.).
5. September 9, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 9, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10. Page 2729.).
7. September 8, 2025Read second time. Ordered to third reading.
8. September 5, 2025Read third time and amended. Ordered to second reading.
9. August 29, 2025Read second time. Ordered to third reading.
10. August 29, 2025From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
11. August 25, 2025In committee: Referred to suspense file.
12. August 18, 2025(Ayes 27. Noes 0. Page 2173.)