SB 1040: Civil actions: service of process.

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 persons 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 a process for personal service where 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 jail. Where that process cannot be effectuated, the bill provides that substitute service may be made by leaving a copy of the summons and complaint with the warden, sheriff, or jailer of that state prison or county jail. jail, as specified. 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 persons behalf to notify the server of that fact within 24 hours of the attempted service, and the attempted service would not be effective.