BILL NUMBER: AB 859	CHAPTERED  06/22/07

	CHAPTER  15
	FILED WITH SECRETARY OF STATE  JUNE 22, 2007
	APPROVED BY GOVERNOR  JUNE 22, 2007
	PASSED THE SENATE  MAY 31, 2007
	PASSED THE ASSEMBLY  JUNE 14, 2007
	AMENDED IN SENATE  MAY 29, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Plescia

                        FEBRUARY 22, 2007

   An act to amend Sections 488.080, 512.030, and 699.080 of the Code
of Civil Procedure, relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 859, Plescia. Civil procedure: service of process.

   (1) Existing law requires certain documents to be filed with a
levying officer under a writ of attachment or execution within 5 days
of the levy, including an affidavit of the registered process server
stating the manner of levy performed and proof of service of the
copy of the writ and notice of attachment or levy on other persons.
   This bill instead would require that filing within 5 court days of
the levy, and would instead allow for the filing of the
above-described statement by service of process.
   (2) Existing law requires that prior to a hearing on a writ of
possession, the defendant be served with a copy of the summons and
complaint, a notice of application and hearing, and a copy of the
application and any affidavit in support thereof.
   This bill would require service in the same manner as a summons,
as specified, if the defendant has not appeared in the action and
further writs, notices, orders, or other papers are required to be
served on the defendant.


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

  SECTION 1.  Section 488.080 of the Code of Civil Procedure is
amended to read:
   488.080.  (a) A registered process server may levy under a writ of
attachment on the following types of property:
   (1) Real property, pursuant to Section 488.315.
   (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 488.325.
   (3) Personal property in the custody of a levying officer,
pursuant to Section 488.355.
   (4) Equipment of a going business, pursuant to Section 488.375.
   (5) Motor vehicles, vessels, mobilehomes, or commercial coaches
used as equipment of a going business, pursuant to Section 488.385.
   (6) Farm products or inventory of a going business, pursuant to
Section 488.405.
   (7) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
   (8) Deposit accounts, pursuant to Section 488.455.
   (9) Property in a safe-deposit box, pursuant to Section 488.460.
   (10) Accounts receivable or general intangibles, pursuant to
Section 488.470.
   (11) Final money judgments, pursuant to Section 488.480.
   (12) Interest of a defendant in personal property in the estate of
a decedent, pursuant to Section 488.485.
   (b) Before levying under the writ of attachment, 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 2 (commencing with Section 488.300).
   (2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 488.610
on a form provided by the registered process server.
   (d) Within five court days after levy under this section, all of
the following shall be filed with the levying officer:
   (1) The writ of attachment.
   (2) A proof of service by the registered process server stating
the manner of levy performed.
   (3) Proof of service of the copy of the writ and notice of
attachment on other persons, as required by Article 2 (commencing
with Section 488.300).
   (4) Instructions in writing, as required by the provisions of
Section 488.030.
   (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 attached. The levying officer is not liable for actions taken
in conformance with the provisions of this title in reliance on
information provided to the levying officer under subdivision (d),
except to the extent that the levying officer has actual knowledge
that the information is incorrect. Nothing in this subdivision limits
any liability the plaintiff or registered process server may have if
the levying officer acts on the basis of incorrect information
provided under subdivision (d).
   (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.
  SEC. 2.  Section 512.030 of the Code of Civil Procedure is amended
to read:
   512.030.  (a) Prior to the hearing required by subdivision (a) of
Section 512.020, the defendant shall be served with all of the
following:
   (1) A copy of the summons and complaint.
   (2) A Notice of Application and Hearing.
   (3) A copy of the application and any affidavit in support
thereof.
   (b) If the defendant has not appeared in the action, and a writ,
notice, order, or other paper is required to be personally served on
the defendant under this title, service shall be made in the same
manner as a summons is served under Chapter 4 (commencing with
Section 413.10) of Title 5.
  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 court days after levy under this section, all of
the following shall be filed with the levying officer:
   (1) The writ of execution.
   (2) A proof of service by 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.