CA AB 1742

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Description

Existing law prescribes specified methods for the service of a summons in a civil action. Existing law provides that if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, the summons may be served by leaving a copy at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a person who is at least 18 years of age, and by thereafter mailing a copy of the summons and complaint, as specified. This method of service is known as substituted service. This bill would authorize substituted service of process on a tenant or occupant of a commercial building, as defined, wherein access to the tenant spaces is controlled by security personnel, concierge staff, or similar agents, if the person attempting service is refused entry or is otherwise prevented from making a direct attempt at personal service. Under this bill, service of process would be deemed effective by leaving a copy of the documents to be served with security personnel, concierge staff, or similar agents of the commercial building. The bill would deem service in such a manner to constitute substituted service on the tenant or occupant of the commercial building. The bill would deem service completed on the date and at the time of service, if specified conditions are met. Under this bill, a proof of service would require a declaration setting forth specified information, such as the date, time, and place of service, and the identity or description of the person controlling access with whom the documents were deposited, and facts showing that the person appeared to be at least 18 years of age and in charge of the central access point of the commercial building. These provisions would not apply when an alternative authorized method of service is chosen by the serving party and would not apply to individuals, as defined.