BILL NUMBER: AB 418	CHAPTERED  07/28/03

	CHAPTER  128
	FILED WITH SECRETARY OF STATE  JULY 28, 2003
	APPROVED BY GOVERNOR  JULY 27, 2003
	PASSED THE ASSEMBLY  JULY 14, 2003
	PASSED THE SENATE  JULY 10, 2003
	AMENDED IN SENATE  JULY 8, 2003
	AMENDED IN SENATE  JUNE 25, 2003
	AMENDED IN ASSEMBLY  MAY 29, 2003
	AMENDED IN ASSEMBLY  APRIL 22, 2003
	AMENDED IN ASSEMBLY  MARCH 20, 2003

INTRODUCED BY   Assembly Member Pacheco

                        FEBRUARY 14, 2003

   An act to amend Section 415.20 of, and to add Section 415.95 to,
the Code of Civil Procedure, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 418, Pacheco.  Civil actions:  service of summons.
   Existing law establishes the procedures by which a person or
business organization may be served a summons and complaint in a
civil action.
   This bill would revise and recast those provisions.  The bill
would, among other things, allow a summons and complaint to be served
by leaving a copy of these documents either at the office of, or at
the usual mailing address of the person to be served, followed
thereafter by a mailed copy.  The bill would additionally allow a
business organization, form unknown, to be served by leaving a copy
of the summons and the complaint with the person who is apparently in
charge of the office of that organization and thereafter mailing a
copy of the summons and complaint to the person to be served, except
as specified.  The bill would also make related changes to those
provisions.


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


  SECTION 1.  Section 415.20 of the Code of Civil Procedure is
amended to read:
   415.20.  (a) In lieu of personal delivery of a copy of the summons
and complaint to the person to be served as specified in Section
416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by
leaving a copy of the summons and complaint during usual office
hours in his or her office or, if no physical address is known, at
his or her usual mailing address, other than a United States Postal
Service post office box, with the person who is apparently in charge
thereof, and by thereafter mailing a copy of the summons and
complaint by first-class mail, postage prepaid to the person to be
served at the place where a copy of the summons and complaint were
left.  When service is effected by leaving a copy of the summons and
complaint at a mailing address, it shall be left with a person at
least 18 years of age, who shall be informed of the contents thereof.
  Service of a summons in this manner is deemed complete on the 10th
day after the mailing.
   (b) If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, 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 other than a United States Postal
Service post office box, in the presence of a competent member of the
household or a person apparently in charge of his or her office,
place of business, or usual mailing address other than a United
States Postal Service post office box, at least 18 years of age, who
shall be informed of the contents thereof, and by thereafter mailing
a copy of the summons and of the complaint by first-class mail,
postage prepaid to the person to be served at the place where a copy
of the summons and complaint were left.  Service of a summons in this
manner is deemed complete on the 10th day after the mailing.
  SEC. 2.  Section 415.95 is added to the Code of Civil Procedure, to
read:
   415.95.  (a) A summons may be served on a business organization,
form unknown, by leaving a copy of the summons and complaint during
usual office hours with the person who is apparently in charge of the
office of that business organization, and by thereafter mailing a
copy of the summons and complaint by first-class mail, postage
prepaid, to the person to be served at the place where a copy of the
summons and complaint was left.  Service of a summons in this manner
is deemed complete on the 10th day after the mailing.
   (b) Service of a summons pursuant to this section is not valid for
a corporation with a registered agent for service of process listed
with the Secretary of State.