CA AB 2042
passed one chamberCivil actions: setting aside default or default judgment.
California · 2025-2026 Regular Session · lower
Description
(1) Existing law permits a defendant in a debt enforcement action, brought by a buyer of consumer debt who has obtained a default or default judgment against the defendant, to file a motion to set aside the default or default judgment and for leave to defend the action if the defendant did not receive actual notice of the action in time to defend against it. Existing law requires such a motion to be filed within 6 years after entry of the default or default judgment or 180 days after the first actual notice of the action, or, in the case of identity theft or mistaken identity, within a reasonable amount of time but in no case later than 180 days after the first actual notice of the action. This bill would clarify that a defendant who did not receive actual notice may file a motion to set aside and for leave to defend even if the service of the summons of the action was lawfully effected. (2) 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. Existing law also authorizes a summons in an action for unlawful detainer to be served by posting if the court is satisfied that the party to be served cannot with reasonable diligence be served in any authorized manner other than publication, and that other specified conditions are met. Existing law requires the proof of service of a summons to contain specified information and documentation. Beginning on January 1, 2027, existing law will define reasonable "diligence," for purposes of service of process in specified civil cases, to mean attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times. Beginning on January 1, 2027, existing law will require the proof of service of a summons and complaint, if served personally, by substituted service, or by posting, if the summons is for an action for unlawful detainer of real property, to include at least one photograph, if such can be obtained without compromising the safety of the process server, of the site of the effectuated or attempted service and contain a readable stamp and global positioning system (GPS) coordinates indicating the date, time, and location of service. Beginning on January 1, 2027, existing law will also require a process server to provide a detailed statement on the proof of service, as specified, if there is no GPS or cellular signal available at the time and place of the effected or attempted service. This bill would make nonsubstantive changes to this provision. (3) Existing law prescribes methods for the service of a summons in a civil action. Under existing law, a party that was not served in accordance with those methods may file a motion to set aside or vacate a default or default judgment and for leave to defend the action or move for dismissal. The party making such a motion is required to proffer evidence that service was not lawfully effected. This proffer rebuts the presumption of facts stated in the process server's return and place the burden of proving by a preponderance of the evidence that service of the summons and complaint was lawful on the party seeking the default or default judgment. Existing law makes these provisions operative on January 1, 2027. This bill would clarify that the provisions described above apply to service attempted or completed on or after January 1, 2027, and that those provisions do not alter a court's existing authority to determine a motion for relief from a judgment that involves a proof of service filed before January 1, 2027. The bill would also clarify that a party who is not served may move for dismissal as permitted by existing law.
- Introduced
- 2026-03-16
- Status date
- —
- Latest action
- 2026-07-02 — In Assembly. Concurrence in Senate amendments pending.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Kalraauthor
Committees
Not provided by source.
Action timeline
2026-02-17
Read first time. To print.
reading-1
2026-02-18
From printer. May be heard in committee March 20.
2026-03-02
Referred to Com. on JUD.
referral-committee
2026-03-16
In committee: Hearing postponed by committee.
2026-03-16
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-03-17
Re-referred to Com. on JUD.
referral-committee
2026-04-08
From committee: Do pass. (Ayes 12. Noes 0.) (April 7).
committee-passage,committee-passage-favorable
2026-04-09
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-05-04
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4899.)
passage,reading-1,reading-3
2026-05-05
In Senate. Read first time. To Com. on RLS. for assignment.
reading-1,referral-committee
2026-05-13
Referred to Com. on JUD.
referral-committee
2026-06-05
In committee: Set, first hearing. Hearing canceled at the request of author.
2026-06-10
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-06-24
From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (June 23).
committee-passage,committee-passage-favorable
2026-06-25
Read second time. Ordered to Consent Calendar.
reading-1,reading-2
2026-07-02
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.).
passage,reading-1,reading-3
2026-07-02
In Assembly. Concurrence in Senate amendments pending.
Versions
Documents
Votes
Do pass.
2026-04-07 · pass · 12-0
Member-level votes (12)
- Macedo: yes
- Papan: yes
- Kalra: yes
- Zbur: yes
- Stefani: yes
- Harabedian: yes
- Sanchez: yes
- Dixon: yes
- Lee: yes
- Pacheco: yes
- Connolly: yes
- Bryan: yes
AB 2042 Kalra Assembly Third Reading
2026-05-04 · pass · 76-0
Member-level votes (80)
- Jackson: yes
- Irwin: yes
- Johnson: yes
- Krell: yes
- Boerner: yes
- Wilson: yes
- Rogers: yes
- Hadwick: yes
- Bryan: yes
- Ramos: yes
- Alvarez: yes
- Ransom: yes
- Macedo: yes
- Pacheco: yes
- Davies: yes
- Haney: yes
- Elhawary: yes
- Ávila Farías: yes
- Lowenthal: yes
- Tangipa: yes
- Ward: yes
- Wicks: yes
- Ellis: yes
- Harabedian: yes
- Dixon: yes
- Ortega: yes
- Gipson: yes
- Stefani: yes
- DeMaio: yes
- Alanis: yes
- Gallagher: yes
- Lee: yes
- Solache: yes
- Petrie-Norris: yes
- Michelle Rodriguez: yes
- Gabriel: yes
- Sharp-Collins: yes
- Wallis: yes
- Soria: yes
- Ahrens: yes
- Flora: yes
- Zbur: yes
- Jeff Gonzalez: yes
- Rivas: yes
- Berman: yes
- Schultz: yes
- Calderon: yes
- Hoover: yes
- Bauer-Kahan: yes
- Patterson: yes
- Kalra: yes
- Connolly: yes
- Carrillo: yes
- Muratsuchi: yes
- Aguiar-Curry: yes
- Lackey: yes
- McKinnor: yes
- Valencia: yes
- Patel: yes
- Bains: yes
- Pellerin: yes
- Mark González: yes
- Quirk-Silva: yes
- Schiavo: yes
- Ta: yes
- Fong: yes
- Celeste Rodriguez: yes
- Garcia: yes
- Bonta: yes
- Papan: yes
- Nguyen: yes
- Addis: yes
- Castillo: yes
- Hart: yes
- Blanca Rubio: yes
- Sanchez: yes
- Chen: other
- Arambula: other
- Caloza: other
- Bennett: other
Do pass and be ordered to the Consent Calendar
2026-06-23 · pass · 13-0
Member-level votes (13)
- Ashby: yes
- Valladares: yes
- Reyes: yes
- Stern: yes
- Caballero: yes
- Laird: yes
- Wahab: yes
- Umberg: yes
- Wiener: yes
- Weber Pierson: yes
- Durazo: yes
- Allen: yes
- Niello: yes
Consent Calendar 2nd
2026-07-02 · pass · 37-0
Member-level votes (40)
- Durazo: yes
- Grove: yes
- Jones: yes
- McNerney: yes
- Cabaldon: yes
- Caballero: yes
- Limón: yes
- Weber Pierson: yes
- Niello: yes
- Dahle: yes
- Padilla: yes
- Pérez: yes
- Menjivar: yes
- Seyarto: yes
- Cortese: yes
- Allen: yes
- Becker: yes
- Cervantes: yes
- Ochoa Bogh: yes
- Grayson: yes
- Choi: yes
- Wiener: yes
- Umberg: yes
- Blakespear: yes
- Strickland: yes
- Laird: yes
- Valladares: yes
- Reyes: yes
- Ashby: yes
- Hurtado: yes
- Arreguín: yes
- Gonzalez: yes
- Wahab: yes
- McGuire: yes
- Stern: yes
- Smallwood-Cuevas: yes
- Archuleta: yes
- Alvarado-Gil: other
- Rubio: other
- Richardson: other
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_bulk_csv, retrieved 2026-07-24T01:34:27.960412Z
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