Assembly Bill 747
Author: Assemblymember Ash Kalra
Chaptered: October 10, 2025 (Chapter 563, Statutes of 2025)
Overview: This landmark legislation reforms how legal documents are served in California. It targets the practice of “sewer service”—where process servers falsify records without actually delivering documents—to ensure defendants have a fair opportunity to defend themselves in court.
1. Enhanced Proof of Service Requirements
- Photographic Evidence: Proof of service for a summons must now include at least one photograph of the site where service occurred.
- Digital Verification: Photographs must contain a readable time stamp and GPS coordinates indicating the exact date, time, and location of service.
- Residential Service: If service is at a home, the photo must show the specific door of the residence (not just a common area or complex gate).
2. Stricter Standards for “Substituted Service”
To prevent process servers from prematurely using substituted service (leaving papers with a roommate or co-worker), the law defines “reasonable diligence” as:
- At least three good-faith attempts at personal delivery.
- Attempts must be made on three different days at three different times.
- At least one attempt must be made at the defendant’s actual dwelling or usual place of abode.
3. Challenges to Default Judgments
- Vacating Judgments: Authorizes a party to move to vacate a default judgment void for lack of proper service at any time after the judgment is entered.
- Burden of Proof: If a defendant challenges service, the burden shifts to the plaintiff to prove by a “preponderance of the evidence” that the service was lawful.
- Hearing Rights: The court is required to take evidence and must conduct a hearing with oral testimony if requested by either party.
4. Public Accountability & Transparency
- Public Register: Beginning January 1, 2027, county clerks must maintain a publicly available register of process servers.
- Identification: Process servers must be registered in every county where they effectuate service.
5. Unlawful Detainer (Eviction) Specifics
- Pleading Requirements: Starting January 1, 2027, eviction complaints must include specific details regarding the date, time, and location of how the termination notice (e.g., 3-day notice) was served.
Note: While the primary provisions regarding service evidence take effect on January 1, 2026, certain transparency and pleading requirements are delayed until 2027.