Phillip Chen
- Republican
- Assemblymember
- District 59
(1) Existing law provides that in a civil action, if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, at least 18 years of age, and by thereafter mailing a copy of the summons and complaint to the person to be served at the place where a copy of the summons and complaint were left. This bill would provide that if the only address reasonably known for the person to be served with the summons is a state prison or county jail, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a summons on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective. (2) Existing law requires the service of a subpoena to be made by delivering a copy to the witness personally, so as to allow the witness a reasonable time for preparation and travel to the place of attendance. This bill would provide that if the only address reasonably known for the person to be served with the subpoena is a state prison or county jail, service of the subpoena may be made by leaving a copy of the subpoena with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a subpoena on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective.
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
In committee: Set, second hearing. Hearing canceled at the request of author.
In committee: Set, first hearing. Hearing canceled at the request of author.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 14).
From printer. May be heard in committee March 11.
Read first time. To print.
Bill Text Versions | Format |
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AB561 | HTML |
02/08/23 - Introduced | |
03/15/23 - Amended Assembly |
Document | Format |
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03/10/23- Assembly Judiciary |
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