BILL NUMBER: AB 2493	CHAPTERED  07/17/02

	CHAPTER  197
	FILED WITH SECRETARY OF STATE  JULY 17, 2002
	APPROVED BY GOVERNOR  JULY 16, 2002
	PASSED THE ASSEMBLY  JUNE 30, 2002
	PASSED THE SENATE  JUNE 27, 2002
	AMENDED IN SENATE  JUNE 25, 2002

INTRODUCED BY   Assembly Member Robert Pacheco

                        FEBRUARY 21, 2002

   An act to amend Section 22353 of the Business and Professions
Code, and to amend Sections 415.50, 699.080, and 706.108 of the Code
of Civil Procedure, relating to service of process.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2493, Robert Pacheco.  Service of process.
   Existing law provides for the registration by the county clerk of
legal document assistants, unlawful detainer assistants, and process
servers, as specified.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Existing law provides the methods by which a summons is served, as
specified.  Existing law provides alternative service by publication
if the party cannot with reasonable diligence be served in another
manner.
   This bill would prohibit a court, in making a determination that a
party cannot be served in another manner, from conducting a search
of public databases that restrict access to residential addresses,
including, but not limited to, the Department of Motor Vehicles'
records.
   Existing law proscribes the manner in which a registered process
server is to levy a writ of execution on specified types of property.

   This bill would permit a registered process server to levy more
than once under a valid writ of execution.
   Upon a judgment creditor's delivery of an application for issuance
of an earnings withholding order, existing law authorizes a
registered process server to issue an earnings withholding order to
the county where the judgment debtor's employer is served a writ of
execution.  Existing law provides that the fee for these services be
allowed as a recoverable cost, as specified, but not to exceed $1.50.

   This bill would delete the monetary limitation and provide that
the fee for these services be allowed as a recoverable cost, under
specified provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 22353 of the Business and Professions Code is
amended to read:
   22353.  (a) A certificate of registration shall be accompanied by
a bond of two thousand dollars ($2,000), executed by an admitted
surety insurer and conditioned upon compliance with the provisions of
this chapter and all laws governing the service of process in this
state.  The total aggregate liability on the bond is limited to two
thousand dollars ($2,000).  As an alternative to the bond, the
registrant may deposit with the clerk, cash or a money order in the
amount of two thousand dollars ($2,000).
   (b) The county clerk shall, upon filing the bond, deliver the bond
forthwith to the county recorder for recording.  The recording fee
specified in Section 27361 of the Government Code shall be paid by
the registered process server.  The fee may be paid to the county
clerk, who shall transmit it to the recorder.
   (c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
   (d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording.  The recording fee specified in
Section 27361 of the Government Code for the notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
  SEC. 2.  Section 415.50 of the Code of Civil Procedure is amended
to read:
   415.50.  (a) A summons may be served by publication if upon
affidavit it appears to the satisfaction of the court in which the
action is pending that the party to be served cannot with reasonable
diligence be served in another manner specified in this article and
that either:
   (1) A cause of action exists against the party upon whom service
is to be made or he or she is a necessary or proper party to the
action.
   (2) The party to be served has or claims an interest in real or
personal property in this state that is subject to the jurisdiction
of the court or the relief demanded in the action consists wholly or
in part in excluding the party from any interest in the property.
   (b) The court shall order the summons to be published in a named
newspaper, published in this state, that is most likely to give
actual notice to the party to be served and direct that a copy of the
summons, the complaint, and the order for publication be forthwith
mailed to the party if his or her address is ascertained before
expiration of the time prescribed for publication of the summons.
Except as otherwise provided by statute, the publication shall be
made as provided by Section 6064 of the Government Code unless the
court, in its discretion, orders publication for a longer period.
   (c) Service of a summons in this manner is deemed complete as
provided in Section 6064 of the Government Code.
   (d) Notwithstanding an order for publication of the summons, a
summons may be served in another manner authorized by this chapter,
in which event the service shall supersede any published summons.
   (e) As a condition of establishing that the party to be served
cannot with reasonable diligence be served in another manner
specified in this article, the court may not require that a search be
conducted of public databases where access by a registered process
server to residential addresses is prohibited by law or by published
policy of the agency providing the database, including, but not
limited to, voter registration rolls and records of the Department of
Motor Vehicles.
  SEC. 3.  Section 699.080 of the Code of Civil Procedure is amended
to read:
   699.080.  (a) A registered process server may levy under a writ of
execution on the following types of property:
   (1) Real property, pursuant to Section 700.015.
   (2) Growing crops, timber to be cut, or minerals or the like
(including oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead, pursuant
to Section 700.020.
   (3) Personal property in the custody of a levying officer,
pursuant to Section 700.050.
   (4) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
   (5) Deposit accounts, pursuant to Section 700.140.
   (6) Property in a safe-deposit box, pursuant to Section 700.150.
   (7) Accounts receivable or general intangibles, pursuant to
Section 700.170.
   (8) Final money judgments, pursuant to Section 700.190.
   (9) Interest of a judgment debtor in personal property in the
estate of a decedent, pursuant to Section 700.200.
   (b) Before levying under the writ of execution, the registered
process server shall deposit a copy of the writ with the levying
officer and pay the fee provided by Section 26721 of the Government
Code.
   (c) If a registered process server levies on property pursuant to
subdivision (a), the registered process server shall do both of the
following:
   (1) Comply with the applicable levy, posting, and service
provisions of Article 4 (commencing with Section 700.010).
   (2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 701.030
on a form provided by the registered process server.
   (d) Within five days after levy under this section, all of the
following shall be filed with the levying officer:
   (1) The writ of execution.
   (2) An affidavit of the registered process server stating the
manner of levy performed.
   (3) Proof of service of the copy of the writ and notice of levy on
other persons, as required by Article 4 (commencing with Section
700.010).
   (4) Instructions in writing, as required by the provisions of
Section 687.010.
   (e) If the fee provided by Section 26721 of the Government Code
has been paid, the levying officer shall perform all other duties
under the writ as if the levying officer had levied under the writ
and shall return the writ to the court.  If the registered process
server does not comply with subdivisions (b) and (d), the levy is
ineffective and the levying officer is not required to perform any
duties under the writ and may issue a release for any property sought
to be levied upon.
   (f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost  pursuant to Section
1033.5.
   (g) A registered process server may levy more than once under the
same writ of execution, provided that the writ is still valid.
  SEC. 4.  Section 706.108 of the Code of Civil Procedure is amended
to read:
   706.108.  (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision  (b) of Section 699.530 for levy on property
under the writ has not expired, a judgment creditor may deliver an
application for issuance of an earnings withholding order to a
registered process server who may then issue an earnings withholding
order.
   (b) If the registered process server has issued the earnings
withholding order, the registered process server, before serving the
earnings withholding order, shall deposit with the levying officer a
copy of the writ of execution, the application for issuance of an
earnings withholding order, and a copy of the earnings withholding
order, and shall pay the fee provided by Section 26750 of the
Government Code.
   (c) A registered process server may serve an earnings withholding
order on an employer whether the earnings withholding order was
issued by a levying officer or by a registered process server, but no
earnings withholding order may be served after the time specified in
subdivision (b) of Section 699.530.  In performing this function,
the registered process server shall serve upon the designated
employer all of the following:
   (1) The original and one copy of the earnings withholding order.
   (2) The form for the employer's return.
   (3) The notice to the employee of the earnings withholding order.

   (4) A copy of the employer's instructions referred to in Section
706.127, except as otherwise prescribed in rules adopted by the
Judicial Council.
   (d) Within five days after service under this section, all of the
following shall be filed with the levying officer:
   (1) The writ of execution, if it is not already in the hands of
the levying officer.
   (2) Proof of service on the employer of the papers listed in
subdivision (c).
   (3) Instructions in writing, as required by the provisions of
Section 687.010.
   (e) If the fee provided by Section 26750 of the Government Code
has been paid, the levying officer shall perform all other duties
required by this chapter as if the levying officer had served the
earnings withholding order.  If the registered process server does
not comply with subdivisions (b), where applicable, and (d), the
service of the earnings withholding order is ineffective and the
levying officer is not required to perform any duties under the order
and may terminate the order and may release any withheld earnings to
the judgment debtor.
   (f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost pursuant to Section
1033.5.