AB 1356, as introduced, Bloom. Summons.
Existing law requires that a summons for a civil action be directed to the defendant, signed by the clerk, and issued under the seal of the court in which the action is pending, and that it contain specified information, instructions, and admonishments regarding the action.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 412.20 of the Code of Civil Procedure
2 is amended to read:
(a) Except as otherwise required by statute, a summons
4shall be directed to the defendant, signed by the clerkbegin insert,end insert and issued
5under the seal of the court in which the action is pending, and it
6shall containbegin insert all of the followingend insert:
7(1) The title of the court in which the action is pending.
8(2) The names of the parties to the action.
P2 1(3) A direction that the defendant file with the court a
written
2pleading in response to the complaint within 30 days after summons
3is served on him or her.
4(4) A notice that, unless the defendant so responds, his or her
5default will be entered upon application by the plaintiff, and the
6plaintiff may apply to the court for the relief demanded in the
7complaint, which could result in garnishment of wages, taking of
8money or property, or other relief.
9(5) The following statement in boldface type: “You may seek
10the advice of an attorney in any matter connected with the
11complaint or this summons. Such attorney should be consulted
12promptly so that your pleading may be filed or entered within the
13time required by this summons.”
14(6) The following introductory legend at the top of the summons
15above all other matter, in boldface type, in English and
Spanish:
16“Notice! You have been sued. The court may decide against
17you without your being heard unless you respond within 30 days.
18 Read information below.”
19(b) Each county may, by ordinance, require that the legend
20contained in paragraph (6) of subdivision (a) be set forth in every
21summons issued out of the courts of that county in any additional
22foreign language, if the legend in the additional foreign language
23is set forth in the summons in the same manner as required in that
24paragraph.
25(c) A summons in a form approved by the Judicial Councilbegin delete is begin insert compliesend insert with
this section.
26deemed to complyend delete
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