California 2023-2024 Regular Session Status: In Committee 1 R cosponsors

AB 561 — Civil actions: service of process.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law provides that in a civil action, if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, at least 18 years of age, and by thereafter mailing a copy of the summons and complaint to the person to be served at the place where a copy of the summons and complaint were left. This bill would provide that if the only address reasonably known for the person to be served with the summons is a state prison or county jail, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a summons on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective. (2) Existing law requires the service of a subpoena to be made by delivering a copy to the witness personally, so as to allow the witness a reasonable time for preparation and travel to the place of attendance. This bill would provide that if the only address reasonably known for the person to be served with the subpoena is a state prison or county jail, service of the subpoena may be made by leaving a copy of the subpoena with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a subpoena on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. Re-referred to Com. on PUB. S.

  6. Read second time and amended.

  7. From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 14).

  8. Referred to Coms. on JUD. and PUB. S.

  9. From printer. May be heard in committee March 11.

  10. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 561 do?
(1) Existing law provides that in a civil action, if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, at least 18 years of age, and by thereafter mailing a copy of the summons and complaint to the person to be served at the place where a copy of the summons and complaint were left. This bill would provide that if the only address reasonably known for the person to be served with the summons is a state prison or county jail, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a summons on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective. (2) Existing law requires the service of a subpoena to be made by delivering a copy to the witness personally, so as to allow the witness a reasonable time for preparation and travel to the place of attendance. This bill would provide that if the only address reasonably known for the person to be served with the subpoena is a state prison or county jail, service of the subpoena may be made by leaving a copy of the subpoena with the warden, sheriff, or jailer of that state prison or county jail. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a subpoena on the person's behalf to notify the server of that fact within 24 hours of the attempted service. The bill would provide that under such circumstances the service was not effective.
Who sponsors AB 561?
AB 561 is sponsored by Chen, Phillip (Republican).
What is the current status of AB 561?
This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 561?
Track AB 561 free on One Click Politics — get push/email alerts when it moves.

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