Bill Text: CA SB984 | 2009-2010 | Regular Session | Amended

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Bill Title: Service of process: time.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-08-02 - Read second time. Amended. To third reading. [SB984 Detail]

Download: California-2009-SB984-Amended.html

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BILL NUMBER: SB 984	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  JUNE 17, 2010
	AMENDED IN SENATE  APRIL 28, 2010

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 8, 2010

   An act to  add Section 415.11 to   add and
repeal Section 415.11 of  the Code of Civil Procedure, relating
to service of process, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 984, as amended, Hollingsworth. Service of process: time.
   Existing law authorizes personal service upon a party in a civil
action, if no specific provision is made, by leaving the notice or
other papers at the party's residence, between the hours of 8 a.m.
and 6 p.m. with a person of not less than 18 years of age.
   This bill would  , until January 1, 2014,  instead
require the first attempt to  personally  serve a summons or
complaint initiating an action to be made between the hours of 7
a.m. and 8 p.m.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 415.11 is added to the Code of Civil Procedure,
to read:
   415.11.  (a) The first attempt to  personally  serve a
summons and complaint that initiates an action shall be made between
the hours of seven in the morning and eight in the evening  ,
subject to Section 415.95  .
   (b) Service of a summons in violation of this section shall be
valid and effective. 
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that service of process is performed in a
manner that does not interfere with a homeowner's expectations of
privacy and freedom from harassment, it is necessary that this act
take effect immediately.