Bill Text: CA AB1093 | 2017-2018 | Regular Session | Amended
Bill Title: Service of process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-07-24 - Chaptered by Secretary of State - Chapter 129, Statutes of 2017. [AB1093 Detail]
Download: California-2017-AB1093-Amended.html
Amended
IN
Assembly
April 17, 2017 |
Assembly Bill | No. 1093 |
Introduced by Assembly Member Chen |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
(3)Existing law authorizes a money judgment or judgment for possession or sale of property to be extended by renewing the judgment. Existing law requires a judgment to be renewed by filing a renewal application in the court in which the judgment was entered, and requires a notice of renewal to be served on the judgment debtor personally or by first-class mail with proof of service filed with the court clerk.
This bill would instead require a notice of renewal of a judgment to be served on the judgment debtor in the same manner as a summons and
complaint.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 22351.5 of the Business and Professions Code is amended to read:22351.5.
(a) At the time of filing an initial certificate of registration or untimely renewing a certificate of registration that has lapsed, as specified in Section 22355, the registrant shall also submit a completed Request for Live Scan form confirming fingerprint submission to the Department of Justice and the Federal Bureau of Investigation, in order to verify that the registrant has not been convicted of a felony. The clerk shall use the Subsequent Arrest Notification Contract provided by the Department of Justice for notifications subsequent to the initial certificate of registration.SEC. 2.
Section 415.20 of the Code of Civil Procedure is amended to read:415.20.
(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.(a)The judgment creditor shall serve a notice of renewal of the judgment on the judgment debtor. Service shall be made in the same manner as a summons and complaint and proof of service shall be filed with the court clerk. The notice shall be in a form prescribed by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 30 days within which to make a motion to vacate or modify the renewal.
(b)Until proof of service is filed pursuant to subdivision (a), no writ
shall be issued, nor shall any enforcement proceedings be commenced to enforce the judgment, except to the extent that the judgment would be enforceable had it not been renewed.