AB 2791: Sheriffs: service of process and notices.

(1)Existing law, the California Public Records Act, requires public records, as defined, to be open to the public for inspection and made promptly available to any person, except as specified.

The bill would add an exemption from disclosure under the California Public Records Act for a Judicial Council form provided to request service, and the information contained therein, as specified.

(2)Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.

This bill would require a marshal or sheriff, including their department or office, to accept an electronic signature and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a document requesting the marshal or sheriff, or their department or office, to serve court documents, or on a summons, order, or other notice to be served. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a summons, order, or other notice except for specified criteria.

The bill would require the Judicial Council to create, on or before January 1, 2024, a form or forms required to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. The bill would require a marshal or sheriff, including their department or office, to accept an electronic signature and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on the form or forms. The bill would prescribe certain requirements for the form or forms. The bill would require all requests to a marshal or sheriff, including their department or office, for service of a notice or other process under these provisions to be made on the Judicial Council form or forms and would prohibit a sheriff or marshal, including their department or office, from requiring completion of a form or request other than the Judicial Council form or forms.

The bill would, beginning on January 1, 2024, and until January 1, 2026, require a marshal or sheriff, including their department or office, to accept transmission by email, fax, or in-person delivery of the Judicial Council form or forms described above and of a summons, order, or other notice to be served in any case in which a litigant who has been granted a fee waiver by an order on court fee waiver or is otherwise exempt by law from paying fees. The bill would authorize any person to deliver the forms for service to the marshal or sheriff, including their department or office, on behalf of a litigant. The bill would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the electronic transmission of these documents.

The bill would, beginning on January 1, 2026, require a marshal or sheriff, including their department or office, to accept, in all cases, transmission by email, fax, or in-person delivery of the Judicial Council form or forms described above and of a summons, order, or other notice to be served. The bill would, beginning on January 1, 2026, authorize a marshal or sheriff, including their department or office, to charge a fee for the electronic transmission of documents up to the actual cost incurred in processing the transmission, except as specified.

By requiring marshals and sheriffs, including their department or office to allow notices and other process to be transmitted to the department or office by email or fax, thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program

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 the statutory provisions noted above.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.