Bill Text: CA SB984 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: SB 984 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2010
INTRODUCED BY Senator Hollingsworth
FEBRUARY 8, 2010
An act to amend Section 1748.5 of the Civil Code,
relating to credit cards. An act to amend Section
22358 of the Business and Professions Code, and to amend Sections
415.10 and 1011 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. Credit cards.
Service of process: residences.
Existing law requires specified persons to file and maintain with
the county clerk, in the county in which they reside or in which
their principal place of business is located, a certificate of
registration as a process server. That law sets forth a procedure for
the revocation or suspension of a certificate if a county clerk
determines that a service of process does not comply with the
provisions of law governing service of process within this state.
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 instead authorize personal service in all civil
proceedings, if made at party's residence, to be made between the
hours of 7 a.m. and 8 p.m. This bill would also require the person
making the service to state his or her full name, to state that he or
she is at the residence for the purpose of making service, and to
identify the party upon whom the service is directed. This bill would
impose a penalty of $25,000, per violation, against a server who
makes service outside of the designated hours or fails to make these
specified disclosures, and would require the revocation of that
server's certificate of registration in accordance with existing law.
This bill, by specifying new circumstances under which a certificate
of registration is required to be revoked, would increase the duties
imposed on county clerks and public prosecutors and would constitute
a state-mandated local program. This bill would further impose a
penalty of $10,000 for service made to the wrong residence and would
also require the revocation of that server's certificate of
registration if that erroneous service was caused by the server's
negligence, in accordance with existing law.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing state and federal law regulate the terms and conditions
of credit cards. Existing state law permits a credit cardholder to
request the card issuer to inform the cardholder of the total amount
of finance charges assessed on the account during the preceding
calendar year and requires the card issuer to provide that
information to the cardholder within 30 days without charge, except
as specified.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22358 of the
Business and Professions Code is amended to read:
22358. (a) (1) A certificate of
registration may be revoked or suspended whenever it has been
determined that the registrant has made a service of process,
including service completed by an employee or independent contractor
of the registrant, which does not comply with the provisions of law
governing the service of process in this state or constitutes an
improper service of process not amounting to a violation of law.
(2) A certificate of registration shall be revoked if it is
determined that the registrant has made a service of process at the
wrong address due to the negligence of the registrant. In addition to
the revocation of the certificate of registration, the registrant
shall also be assessed a fine of ten thousand dollars ($10,000), for
each violation, to be paid to the person or persons who reside at the
address at which the service was erroneously made.
(b) An investigation concerning the revocation or suspension of a
certificate of registration may be commenced at any time at the
option of the county clerk if the county clerk deems it to be
appropriate. A complaint by any person who has alleged that he or she
has been injured by a service of process shall be investigated by
the public prosecutor. The investigation shall determine if the
registrant complied with the provisions of law governing the service
of process or constituted improper service of process not amounting
to a violation of the law.
(c) If the public prosecutor determines from the investigation
that cause may exist for the suspension or revocation of the
certificate of registration, he or she shall set the matter for
hearing and give notice to the registrant. That hearing shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Division 3 of Title 2 of the Government Code except that
the decision of the administrative law judge shall be final. For the
purposes of those provisions, the public prosecutor shall be deemed
to be the agency.
(d) If, after the hearing, the county clerk is notified after the
decision has become effective that the administrative law judge has
directed that the registrant's certificate be suspended or revoked,
the county clerk shall forthwith suspend or revoke the certificate.
If the certificate is revoked, the bond or cash deposit required by
Section 22353 shall be forfeited to the county treasury subject to
the right of a person to recover against the bond or cash deposit
under Section 22357.
SEC. 2. Section 415.10 of the Code of
Civil Procedure is amended to read:
415.10. (a) A summons may be served by
personal delivery of a copy of the summons and of the complaint to
the person to be served. Service of a summons in this manner is
deemed complete at the time of such delivery.
(b) (1) Notwithstanding any other provision of law, a summons
served by personal delivery of a copy of the summons and of the
complaint to the personal residence of the person to be served may
only be made between the hours of seven in the morning and eight in
the evening. The person making the service shall state his or her
full name, state that he or she is at the residence for the purpose
of making service, and identify the party upon whom the service is
directed.
(2) If service is made at a time other than the hours specified in
paragraph (1), or if the server fails to state his or her full name,
state that he or she is at the residence for the purpose of making
service, or to identify the person upon whom service is directed in
violation of paragraph (1), the server shall have his or her
certificate of registration revoked in accordance with Section 22358
of the Business and Professions Code and shall be assessed a fine in
the amount of twenty-five thousand dollars ($25,000), for each
violation, to be paid to the party upon whom service is made.
(3) If service is made to the wrong address, the person making the
erroneous service shall be assessed a fine of ten thousand dollars
($10,000), for each violation, to be paid to the person or persons
who reside at the address at which the service was erroneously made.
If the service was made to the wrong address because of an error in
the determination of the address by another person, the person who
made the error in determining the address shall be responsible for
payment of the fine.
The
(c) The date upon which personal
delivery is made shall be entered on or affixed to the face of the
copy of the summons at the time of its delivery. However, service of
a summons without such date shall be valid and effective.
SEC. 3. Section 1011 of the Code of
Civil Procedure is amended to read:
1011. The service may be personal, by delivery to the party or
attorney on whom the service is required to be made, or it may be as
follows:
(a) If upon an attorney, service may be made at the attorney's
office, by leaving the notice or other papers in an envelope or
package clearly labeled to identify the attorney being served, with a
receptionist or with a person having charge thereof. When there is
no person in the office with whom the notice or papers may be left
for purposes of this subdivision at the time service is to be
effected, service may be made by leaving them between the hours of
nine in the morning and five in the afternoon, in a conspicuous place
in the office, or, if the attorney's office is not open so as to
admit of that service, then service may be made by leaving the notice
or papers at the attorney's residence, with some person of not less
than 18 years of age, if the attorney's residence is in the same
county with his or her office, and, if the attorney's residence is
not known or is not in the same county with his or her office, or
being in the same county it is not open, or a person 18 years of age
or older cannot be found at the attorney's residence, then service
may be made by putting the notice or papers, enclosed in a sealed
envelope, into the post office or a mail box
mailbox , subpost office, substation, or mail chute or other
like facility regularly maintained by the Government of the United
States directed to the attorney at his or her office, if known and
otherwise to the attorney's residence, if known. If neither the
attorney's office nor residence is known, service may be made by
delivering the notice or papers to the address of the attorney or
party of record as designated on the court papers, or by delivering
the notice or papers to the clerk of the court, for the attorney.
(b) (1) If upon a party, service shall be
made in the manner specifically provided in particular cases, or, if
no specific provision is made, service may be made by leaving the
notice or other paper at the party's residence, between the hours of
eight seven in the morning and
six eight in the evening, with some person of
not less than 18 years of age. The person making the service
shall state his or her full name, state that he or she is at the
residence for the purpose of making service, and identify the party
upon whom the service is directed. If at the time of attempted
service between those hours a person 18 years of age or older cannot
be found at the party's residence, the notice or papers may be served
by mail. If the party's residence is not known, then service may be
made by delivering the notice or papers to the clerk of the court,
for that party.
(2) If service is made at a time other than the hours specified in
paragraph (1), or if the server fails to state his or her name full
name, state that he or she is at the residence for the purpose of
making service, or to identify the party upon whom service is
directed in violation of paragraph (1), the server shall have his or
her certificate of registration revoked in accordance with Section
22358 of the Business and Professions Code and shall be assessed a
fine in the amount of twenty-five thousand dollars ($25,000), for
each violation, to be paid to the party upon whom service is made.
(3) If service is made to the wrong address, the person making the
erroneous service shall be assessed a fine of ten thousand dollars
($10,000), for each violation, to be paid to the person or persons
who reside at the address at which the service was erroneously made.
If the service was made to the wrong address because of an error in
the determination of the address by another person, the person who
made the error in determining the address shall be responsible for
payment of the fine.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 5. 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.
SECTION 1. Section 1748.5 of the Civil Code is
amended to read:
1748.5. (a) A cardholder may request, not more frequently than
once a year, that the card issuer inform the cardholder of the total
amount of finance charges assessed on the account during the
preceding calendar year and the card issuer shall provide that
information to the cardholder within 30 days of receiving the
request, without charge.
If the cardholder's request for the information is made in
writing, the card issuer shall provide the information in writing.
However, if the card issuer is required to furnish the cardholder
with a periodic billing or periodic statement of account or furnishes
the billing or statement of account, the requested statement of
finance charges may be furnished along with the periodic billing or
periodic statement of account.
(b) This section does not apply to card issuers or cardholders who
issue or use credit cards in connection with a retail installment
account, as defined by Section 1802.7.
