BILL NUMBER: AB 2044	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2012

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 23, 2012

   An act to amend Section  415.46   659 
of the Code of Civil Procedure, relating to  service of
process   civ   il actions  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2044, as amended, Wagner.  Service of process: unlawful
detainer.   Civil actions: motion for a new trial.
 
   Existing law requires the party intending to move for a new trial
to file a notice of intention to move for a new trial, as specified,
either before the entry of judgment or within 15 days of the date of
mailing notice of entry of judgment by the clerk of the court or
service upon him by any party of written notice of entry of judgment,
or within 180 days after the entry of judgment, whichever is
earliest.  
   This bill would require that, when filing the motion before the
entry of judgment, the filing be done after the decision is rendered.
The bill would also make technical, nonsubstantive changes. 

   Existing law establishes a procedure for service of process in
actions for unlawful detainer with respect to occupants, as
specified, which if complied with prohibits any occupant form
objecting to enforcement of the judgment, including with respect to
service of a prejudgment claim of possession. Existing law provides
that among the methods of service, a prejudgment claim of right to
possession may also be served on any person who appears to be or who
may claim to have occupied the premises at the time of the filing of
the action.  
   This bill would, in addition, provide that service of a
prejudgment claim of right to possession may be served on any person
who is over 18 years of age and apparently left in charge of the
premises.  
   Existing law requires that service of the prejudgment claim of
right to possession be effected, as specified, by a marshal, sheriff,
or registered process server.  
   This bill would provide that service may also be effected by a
person who is at least 18 years of age and not a party to the action.
The bill would make additional conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 659 of the   Code of
Civil Procedure   is amended to read: 
   659.   (a)    The party intending to move for a
new trial must file with the clerk and serve upon each adverse party
a notice of his  or her  intention to move for a new trial,
designating the grounds upon which the motion will be made and
whether the same will be made upon affidavits or the minutes of the
court or both, either  :  
   1.  Before 
    (1)     After the decision is rendered and
before  the entry of judgment  ; or   .
 
   2.  Within 
    (2)     Within  15 days of the date of
mailing notice of entry of judgment by the clerk of the court
pursuant to Section 664.5, or service upon him  or her  by
any party of written notice of entry of judgment, or within 180 days
after the entry of judgment, whichever is earliest; provided, that
upon the filing of the first notice of intention to move for a new
trial by a party, each other party shall have 15 days after the
service of  such   that  notice upon him
 or her  to file and serve a notice of intention to move for
a new trial. 
   Said 
    (b)     That  notice of intention to
move for a new trial shall be deemed to be a motion for a new trial
on all the grounds stated in the notice. The time  above
 specified  in paragraphs (1) and (2) of subdivision (a)
 shall not be extended by order or stipulation or by those
provisions of Section 1013  of this code which  
that  extend the time for exercising a right or doing an act
where service is by mail. 
  SECTION 1.    Section 415.46 of the Code of Civil
Procedure is amended to read:
   415.46.  (a) In addition to the service of a summons and complaint
in an action for unlawful detainer upon a tenant and subtenant, if
any, as prescribed by this article, a prejudgment claim of right to
possession may also be served on any person who appears to be or who
may claim to have occupied the premises at the time of the filing of
the action or is over 18 years of age and apparently left in charge
of the premises. Service upon occupants shall be made pursuant to
subdivision (c) by serving a copy of a prejudgment claim of right to
possession, as specified in subdivision (f), attached to a copy of
the summons and complaint at the same time service is made upon the
tenant and subtenant, if any.
   (b) Service of the prejudgment claim of right to possession in
this manner shall be effected by a marshal, sheriff, or registered
process server or in the manner described in Section 414.10.
   (c) When serving the summons and complaint upon a tenant and
subtenant, if any, the marshal, sheriff, registered process server,
or other authorized server pursuant to Section 414.10 shall make a
reasonably diligent effort to ascertain whether there are other adult
occupants of the premises who are not named in the summons and
complaint by inquiring of the person or persons who are being
personally served, or any person of suitable age and discretion who
appears to reside upon the premises, whether there are other
occupants of the premises.
   If the identity of an occupant is disclosed to the officer or
process server and the occupant is present at the premises, the
officer or process server shall serve that occupant with a copy of
the prejudgment claim of right to possession attached to a copy of
the summons and complaint. If personal service cannot be made upon
that occupant at that time, service may be effected by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint addressed to that occupant with a
person of suitable age and discretion at the premises, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises in a manner most likely to give actual notice to that
occupant, and (3) sending the same addressed to that occupant by
first-class mail.
   In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if any,
the officer or process server shall serve a prejudgment claim of
right to possession for all other persons who may claim to occupy the
premises at the time of the filing of the action by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint at the premises at the same time
service is made upon the tenant and subtenant, if any, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises so that it is likely to give actual notice to an
occupant, and (3) sending the same addressed to "all occupants in
care of the named tenant" to the premises by first-class mail.
   The person serving process shall state the date of service on the
prejudgment claim of right to possession form. However, the absence
of the date of service on the prejudgment claim of right to
possession does not invalidate the claim.
   (d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made pursuant to
this section. Service on occupants in accordance with this section
shall not alter or affect service upon the tenant or subtenant, if
any.
   (e) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance
with this section, no occupant of the premises, whether or not that
occupant is named in the judgment for possession, may object to the
enforcement of that judgment as prescribed in Section 1174.3.
   (f) The prejudgment claim of right to possession shall be made on
the following form: GRAPHIC INSERT HERE:  SEE PRINTED VERSION OF THE
BILL]