Amended in Senate May 29, 2014

Amended in Assembly March 28, 2014

Amended in Assembly March 18, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2256


Introduced by Assembly Member Garcia

February 21, 2014


An act to amend Sections 262.7begin delete, 415.21, 415.95, 491.160,684.115,708.170, and 1993end deletebegin insert and 415.21end insert of the Code of Civil Procedure,begin insert andend insert to amend Sections 6103.3, 26720.9, 26721, 26721.2, 26722, 26723, 26725.1, 26726, 26727, 26728.1, 26729, 26730, 26731, 26733.5, 26736, 26738, 26740, 26741, 26744.5, 26746, 26746.1, and 26750begin delete of, and to repeal Section 26744 of,end deletebegin insert ofend insert the Government Code, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 2256, as amended, Garcia. Civil procedure: service and fees: sheriffs.

(1) In an action against a sheriff, existing law provides that any person who is a citizen of the United States over the age of 18 years is authorized to serve all process and orders in that action, as specified.

This bill would instead authorize any person to serve all process and orders in an action against a sheriff.

begin delete

(2) Existing law establishes the procedures by which a person or business organization may be served a summons and complaint in a civil action. Existing law authorizes service on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours and by mailing a copy of the summons and complaint, as specified.

end delete
begin delete

This bill would prohibit a sheriff or marshal from serving a summons on a business organization without ascertaining the form of the organization.

end delete
begin delete

(3)

end delete

begin insert(2)end insert Existing law requires, when a gated community is staffed by a guard or other security personnel assigned to control access to the community, that a person be granted access to the gated community for a reasonable period of time to perform service of process or service of a subpoena, as specified.

This bill would delete those provisions and instead require a county sheriff, marshal, registered process server, or licensed private investigator to be granted access to a gated community for a reasonable period of time to perform service of process or service of a subpoena, regardless of whether there is a guard or other security personnel present.

begin delete

(4) Existing law establishes procedures for service of various legal processes on financial institutions, and establishes procedures for service of process and execution of levies at a financial institution’s central locations and other branches. Existing law prohibits service of legal process at a location other than a central location unless the financial institution elects to act upon the process as if it were effective, and authorizes a financial institution to respond to the legal process in the absence of an election, as specified.

end delete
begin delete

This bill would instead require the financial institution to respond to the legal process, as specified, if service of legal process is ineffective.

end delete
begin delete

(5) Existing law permits a court, in specified circumstances in civil actions for attachment and enforcement of judgments, to issue a warrant when a person fails to appear for an examination as ordered by the court and permits the court to punish that person for contempt. Existing law establishes fees for serving and executing these bench warrants. Existing law establishes procedures, as specified, as an alternative to issuing a warrant for contempt, pursuant to which a court may issue an arrest warrant for a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. Existing law specifies the contents of the arrest warrant, including a command to bring the person to be arrested before the court for the setting of bail in the amount of the warrant, or to release on the person’s own recognizance.

end delete
begin delete

This bill would allow a bench warrant to be directed to any peace officer, and would delete the provision establishing fees for serving or executing a bench warrant. The bill also would remove the requirement that bail be set in the amount of the arrest warrant.

end delete
begin delete

(6)

end delete

begin insert(3)end insert Existing law authorizes a sheriff or marshal, for any order or injunction relating to harassment, workplace violence, domestic violence, or elder abuse, for which the sheriff or marshal provides service of process, to notify the protected person by electronic or telephonic means that the order or injunction has been served on the restrained person, as specified.

This bill would remove the requirement that an order or injunction be related to harassment, workplace violence, domestic violence, or elder abuse, and would authorize the sheriffbegin delete to, in lieu of or in addition to providing notice by electronic or telephonic means, to publishend deletebegin insert to provide the notification by publishingend insert notice of service of process on the sheriff’s Internet Web site.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 262.7 of the Code of Civil Procedure is
2amended to read:

3

262.7.  

If an action is begun against a sheriff, all process and
4orders may be served by any person in the manner provided in this
5code.

6

SEC. 2.  

Section 415.21 of the Code of Civil Procedure is
7amended to read:

8

415.21.  

Notwithstanding any other law, a county sheriff,
9marshal, process server registered pursuant to Chapter 16
10(commencing with Section 22350) of Division 8 of the Business
11and Professions Code, or private investigator licensed pursuant to
12Chapter 11.3 (commencing with Section 7512) of Division 3 of
13the Business and Professions Code shall be granted access to a
14gated community for a reasonable period of time for the purpose
15of performing lawful service of process or service of a subpoena.

begin delete
16

SEC. 3.  

Section 415.95 of the Code of Civil Procedure is
17amended to read:

P4    1

415.95.  

(a) A summons may be served on a business
2organization, form unknown, by leaving a copy of the summons
3and complaint during usual office hours with the person who is
4apparently in charge of the office of that business organization,
5and by thereafter mailing a copy of the summons and complaint
6by first-class mail, postage prepaid, to the person to be served at
7the place where a copy of the summons and complaint was left.
8Service of a summons in this manner is deemed complete on the
910th day after the mailing.

10(b) Service of a summons pursuant to this section is not valid
11for a corporation with a registered agent for service of process
12listed with the Secretary of State.

13(c) This section shall not apply to service of a summons and
14complaint on a business organization, form unknown, by a sheriff
15or marshal.

16

SEC. 4.  

Section 491.160 of the Code of Civil Procedure is
17amended to read:

18

491.160.  

(a) If an order requiring a person to appear for an
19examination was served by a sheriff, marshal, a person specially
20appointed by the court in the order, or a registered process server,
21and the person fails to appear:

22(1) The court may do either of the following:

23(A) Pursuant to a warrant directed to any peace officer, have
24the person brought before the court to answer for the failure to
25appear and may punish the person for contempt.

26(B) Issue a warrant for the arrest of the person who failed to
27appear as required by the court order, pursuant to Section 1993.

28(2) If the person’s failure to appear is without good cause, the
29plaintiff shall be awarded reasonable attorney’s fees incurred in
30the examination proceeding.

31(b) A person who willfully makes an improper service of an
32order for an examination which subsequently results in the arrest
33pursuant to subdivision (a) of the person who fails to appear is
34guilty of a misdemeanor.

35

SEC. 5.  

Section 684.115 of the Code of Civil Procedure is
36amended to read:

37

684.115.  

(a) A financial institution may, and if it has more
38than nine branches or offices at which it conducts its business
39within this state shall, designate one or more central locations for
40service of legal process within this state. Each designated location
P5    1shall be referred to as a “central location.” If a financial institution
2elects or is required to designate a central location for service of
3legal process, the financial institution shall file a notice of its
4designation with the Department of Financial Institutions, which
5filing shall be effective upon filing and shall contain all of the
6following:

7(1) The physical address of the central location.

8(2) The days and hours during which service will be accepted
9at the central location.

10(3) If the central location will not accept service of legal process
11directed at deposit accounts maintained or property held at all of
12the financial institution’s branches or offices within this state, or
13if the service accepted at the central location will not apply to
14safe-deposit boxes or other property of the judgment debtor held
15by or for the judgment debtor, the filing shall also contain sufficient
16information to permit a determination of the limitation or
17limitations, including, in the case of a limitation applicable to
18certain branches or offices, an identification of the branches or
19offices as to which service at the central location will not apply
20and the nature of the limitation applicable to those branches or
21offices. If the limitation will apply to all branches or offices of the
22financial institution within this state, the filing may indicate the
23nature of the limitation and that it applies to all branches or offices,
24in lieu of an identification of branches or offices as to which the
25limitation applies. To the extent that a financial institution’s
26designation of a central location for service of legal process covers
27the process directed at deposit accounts, safe-deposit boxes, or
28other property of the judgment debtor held by or for the judgment
29debtor at a particular branch or office located within this state, the
30branch or office shall be a branch or office covered by central
31process.

32(b) If a financial institution required to designate a central
33location fails to do so, each branch of that institution located in
34 this state shall be deemed to be a central location at which service
35of legal process may be made, and all of the institution’s branches
36or offices located within this state shall be deemed to be a branch
37or office covered by central process.

38(c) Subject to any limitation noted pursuant to paragraph (3) of
39subdivision (a), service of legal process at a central location of a
40financial institution shall be effective against all deposit accounts
P6    1and all property held for safekeeping, as collateral for an obligation
2owed to the financial institution or in a safe-deposit box if the same
3is described in the legal process and held by the financial institution
4at any branch or office covered by central process and located
5within this state. However, while service of legal process at the
6central location will establish a lien on all property, if any property
7other than deposit accounts is physically held by the financial
8institution in a county other than that in which the designated
9central location is located, the financial institution shall include in
10its garnishee’s memorandum the location or locations of the
11property, and the judgment creditor shall obtain a writ of execution
12covering the property and directed to the levying officer in that
13county to accomplish the turnover of the property and shall forward
14the writ and related required documentation to the levying officer
15in the county in which the property is held.

16(d) A financial institution may modify or revoke any designation
17made pursuant to subdivision (a) by filing the modification or
18revocation with the Department of Financial Institutions. The
19modification or revocation shall be effective when the Department
20of Financial Institutions’ records have been updated to reflect the
21modification or revocation, provided that the judgment creditor
22may rely upon the superseded designation during the 30-day period
23following the effective date of the revocation or modification.

24(e) (1) The Department of Financial Institutions shall update
25its online records to reflect a filing by a financial institution
26pursuant to subdivision (a) or a modification or revocation filed
27by a financial institution pursuant to subdivision (d) within 10
28business days following the filing by the financial institution. The
29Department of Financial Institutions’ Internet Web site shall reflect
30the date its online records for each financial institution have most
31recently been updated.

32(2) The Department of Financial Institutions shall provide any
33person requesting it with a copy of each current filing made by a
34financial institution pursuant to subdivision (a). The Department
35of Financial Institutions may satisfy its obligation under this
36subdivision by posting all current designations of a financial
37institution, or the pertinent information therein, on an Internet Web
38site available to the public without charge, and if that information
39is made available, the Department of Financial Institutions may
P7    1impose a reasonable fee for furnishing that information in any
2other manner.

3(f) As to deposit accounts maintained or property held for
4safekeeping, as collateral for an obligation owed to the financial
5institution or in a safe-deposit box at a branch or office covered
6by central process, service of legal process at a location other than
7a central location designated by the financial institution shall not
8be effective unless the financial institution, in its absolute
9discretion, elects to act upon the process at that location as if it
10were effective. If the service of legal process is ineffective, the
11financial institution shall respond to the legal process by mailing
12or delivery of the garnishee’s memorandum to the levying officer
13within the time otherwise provided therefor, with a statement on
14the garnishee’s memorandum that the legal process was not
15properly served at the financial institution’s designated location
16for receiving legal process, and, therefore, was not processed, and
17the address at which the financial institution is to receive legal
18process.

19(g) If any legal process is served at a central location of a
20financial institution pursuant to this section, all related papers to
21be served on the financial institution shall be served at that location,
22unless agreed to the contrary between the serving party and the
23financial institution.

24(h) This subdivision shall apply whenever a financial institution
25operates within this state at least one branch or office in addition
26to its head office or main office, as applicable, or a financial
27institution headquartered in another state operates more than one
28branch or office within this state, and no central location has been
29designated or deemed to have been designated by the institution
30for service of legal process relating to deposit accounts maintained
31at the financial institution’s head office or main office, as
32applicable, and branches located within this state. If a judgment
33creditor reasonably believes that, pursuant to Section 700.140 and,
34if applicable, Section 700.160, any act of enforcement would be
35effective against a specific deposit account maintained at a financial
36institution described in this subdivision, the judgment creditor may
37file with the financial institution a written request that the financial
38institution identify the branch or office within this state at which
39a specified account might be maintained by the financial institution.
P8    1The written request shall contain the following statements or
2information:

3(1) The name of the person reasonably believed by the judgment
4creditor to be a person in whose name the specified deposit account
5stands.

6(2) If the name of the person reasonably believed by the
7judgment creditor to be a person in whose name the specified
8deposit account stands is not a judgment debtor identified in the
9writ of execution, a statement that a person reasonably believed
10by the judgment creditor to be a person in whose name the specified
11deposit account stands will be appropriately identified in the legal
12process to be served pursuant to Section 700.160, including any
13supplementary papers, such as a court order or affidavit if the same
14will be required by Section 700.160.

15(3) The specific identifying number of the account reasonably
16believed to be maintained with the financial institution and standing
17in the name of the judgment debtor or other person.

18(4) The address of the requesting party.

19(5) An affidavit by the judgment creditor or the judgment
20creditor’s counsel stating substantially the following:

21

22I hereby declare that this deposit account location request
23complies with Section 684.115 of the Code of Civil Procedure,
24that the account or accounts of the judgment debtor or other person
25or persons appropriately identified in the legal process and
26specified herein are subject to a valid writ of execution, or court
27order, that I have a reasonable belief, formed after an inquiry
28reasonable under the circumstances, that the financial institution
29receiving this deposit account location request has an account
30standing in the name of the judgment debtor or other person or
31persons appropriately identified in the legal process, and that
32information pertaining to the location of the account will assist the
33judgment creditor in enforcing the judgment.
34

35(i) The affidavit contemplated by subdivision (h) shall be signed
36by the judgment creditor or the judgment creditor’s counsel and
37filed at the financial institution’s head office located within this
38state or, if the financial institution’s head office is in another state,
39at one of its branches or offices within this state. Failure to comply
40with the requirements of subdivision (h) and this subdivision shall
P9    1be sufficient basis for the financial institution to refuse to produce
2the information that would otherwise be required by subdivision
3(j).

4(j) Within 10 banking days following receipt by a financial
5institution at the applicable location specified in subdivision (i) of
6a request contemplated by subdivision (h), as to each specific
7deposit account identified in the request contemplated by
8subdivision (h), the financial institution shall respond by mailing,
9by first-class mail with postage prepaid, to the requester’s address
10as specified in the request a response indicating the branch or office
11location of the financial institution at which the specified deposit
12account might be maintained, or, if the specified deposit account,
13if it exists, would not be maintained at a specific location, at least
14one place within this state at which legal process relating to the
15deposit account should or may be served. The response to be
16furnished pursuant to this subdivision shall not require the financial
17institution to determine whether an account exists or, if an account
18does exist, whether it would be reached by the legal process.
19Rather, the branch or office location shall be determined and
20reported by the financial institution based solely upon its
21determination that an account with the identifying number provided
22by the requester would be maintained at that branch if an account
23did exist, and the response shall not contain any information about
24the name in which the account stands or any other information
25concerning the account, if it exists. If more than one account
26number is specified in the request, the financial institution’s
27responses as to some or all of those account numbers may be
28combined in a single writing.

29(k) A response furnished in good faith by the financial institution
30pursuant to subdivision (j) shall not be deemed to violate the
31privacy of any person in whose name the specified deposit account
32stands nor the privacy of any other person, and shall not require
33the consent of the person in whose name the account stands nor
34that of any other person.

35(l) A financial institution shall not notify the person in whose
36name the specified deposit account stands or any other person
37related to the specified account of the receipt of a request made
38pursuant to subdivision (h) that affects that person’s or persons’
39accounts at the financial institution, provided that the financial
P10   1institution shall have no liability for its failure to comply with the
2provisions of this subdivision.

3

SEC. 6.  

Section 708.170 of the Code of Civil Procedure is
4amended to read:

5

708.170.  

(a) If an order requiring a person to appear for an
6examination was served by a sheriff, marshal, a person specially
7appointed by the court in the order, or a registered process server,
8and the person fails to appear:

9(1) The court may do either of the following:

10(A) Pursuant to a warrant directed to any peace officer, have
11the person brought before the court to answer for the failure to
12appear and may punish the person for contempt.

13(B) Issue a warrant for the arrest of the person who failed to
14appear as required by the court order, pursuant to Section 1993.

15(2) If the person’s failure to appear is without good cause, the
16judgment creditor shall be awarded reasonable attorney’s fees
17incurred in the examination proceeding. Attorney’s fees awarded
18against the judgment debtor shall be added to and become part of
19the principal amount of the judgment.

20(b) A person who willfully makes an improper service of an
21order for an examination which subsequently results in the arrest
22pursuant to subdivision (a) of the person who fails to appear is
23guilty of a misdemeanor.

24

SEC. 7.  

Section 1993 of the Code of Civil Procedure is
25amended to read:

26

1993.  

(a) (1) As an alternative to issuing a warrant for
27contempt pursuant to paragraph (5) or (9) of subdivision (a) of
28Section 1209, the court may issue a warrant for the arrest of a
29witness who failed to appear pursuant to a subpoena or a person
30who failed to appear pursuant to a court order. The court, upon
31proof of the service of the subpoena or order, may issue a warrant
32to the sheriff of the county in which the witness or person may be
33located and the sheriff shall, upon payment of fees as provided in
34Section 26744.5 of the Government Code, arrest the witness or
35person and bring him or her before the court.

36(2) Before issuing a warrant for a failure to appear pursuant to
37a subpoena pursuant to this section, the court shall issue a “failure
38to appear” notice informing the person subject to the subpoena
39that a failure to appear in response to the notice may result in the
40issuance of a warrant. This notice requirement may be omitted
P11   1only upon a showing that the appearance of the person subject to
2the subpoena is material to the case and that urgency dictates the
3person’s immediate appearance.

4(b) The warrant shall contain all of the following:

5(1) The title and case number of the action.

6(2) The name and physical description of the person to be
7arrested.

8(3) The last known address of the person to be arrested.

9(4) The date of issuance and county in which it is issued.

10(5) The signature or name of the judicial officer issuing the
11warrant, the title of his or her office, and the name of the court.

12(6) A command to arrest the person for failing to appear pursuant
13to the subpoena or court order, and specifying the date of service
14of the subpoena or court order.

15(7) A command to bring the person to be arrested before the
16issuing court, or the nearest court if in session, for the setting of
17bail or to release on the person’s own recognizance. A person so
18arrested shall be released from custody if he or she cannot be
19brought before the court within 12 hours of arrest, and the person
20shall not be arrested if the court will not be in session during the
2112-hour period following the arrest.

22(8) A statement indicating the expiration date of the warrant as
23determined by the court.

24(9) The amount of bail.

25(10) An endorsement for nighttime service if good cause is
26shown, as provided in Section 840 of the Penal Code.

27(11) A statement indicating whether the person may be released
28upon a promise to appear, as provided by Section 1993.1. The
29court shall permit release upon a promise to appear, unless it makes
30a written finding that the urgency and materiality of the person’s
31appearance in court precludes use of the promise to appear process.

32(12) The date and time to appear in court if arrested and released
33pursuant to paragraph (11).

end delete
34

begin deleteSEC. 8.end delete
35begin insertSEC. 3.end insert  

Section 6103.3 of the Government Code is amended
36to read:

37

6103.3.  

(a) (1) For any order or injunction described in
38paragraph (4) of subdivision (b) of Section 6103.2, the sheriff or
39marshal may notify the protected person by electronic or telephonic
40means within 24 hours after service of process that the order or
P12   1injunction has been served on the restrained person, including the
2date and time when the order or injunction was served, if the
3protected person has requested this notification and has registered
4a telephone number orbegin delete e-mailend deletebegin insert email end insert address at which the protected
5person may be contacted for this purpose.

6(2) The sheriff may provide the notification described in
7subdivision (a) via an automated statewide victim information and
8notification system if the sheriff has access to that system, his or
9her county participates in that system, and local, state, or federal
10funds are made available for the operation of that system.

11(b) begin deleteA end deletebegin insertNotwithstanding subdivision (a), the end insertsheriff maybegin delete, in lieu
12of or in addition to providingend delete
begin insert provideend insert the notification described in
13subdivisionbegin delete (a), publishend deletebegin insert (a) by publishing theend insert notice of service of
14process on the sheriff’s Internet Web site.

15(c) If the sheriff participates in the notification program
16authorized under this section and the service of process is provided
17by a marshal, the marshal shall promptly inform the sheriff of the
18date and time when the order or injunction was served, and the
19sheriff shall provide the notice described in subdivision (a) to the
20protected person.

21

begin deleteSEC. 9.end delete
22begin insertSEC. 4.end insert  

Section 26720.9 of the Government Code is amended
23to read:

24

26720.9.  

Notwithstanding any other law, the amounts set forth
25in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and
2626743 shall be forty dollars ($40).

27

begin deleteSEC. 10.end delete
28begin insertSEC. 5.end insert  

Section 26721 of the Government Code is amended
29to read:

30

26721.  

(a) Except as provided in this article, the fee for serving
31or executing any process or notice required by law or the litigants
32to be served shall be the amount described in Section 26720.9, and
33there shall be no additional fee for substitute service when
34substitute service is authorized.

35(b) In any case where property has been levied upon and,
36pursuant to the levy, a copy of the writ of execution and a notice
37of levy are required by statute to be served either personally or by
38mail upon the judgment debtor or other person, a fee shall not be
39charged for that service.

P13   1

begin deleteSEC. 11.end delete
2begin insertSEC. 6.end insert  

Section 26721.2 of the Government Code is amended
3to read:

4

26721.2.  

(a) For any action commenced in the superior court,
5the fee for the service of the summons, the complaint for which
6the summons is issued, and all other documents or notices required
7to be served with the summons and complaint, is forty dollars
8($40).

9(b) The fee for cancellation of the service of a summons prior
10to its completion is forty dollars ($40).

11(c) The fee for making a not-found return on a summons
12certifying that the person cannot be found at the address specified
13is forty dollars ($40).

14

begin deleteSEC. 12.end delete
15begin insertSEC. 7.end insert  

Section 26722 of the Government Code is amended
16to read:

17

26722.  

The fee for serving, executing, or processing any writ
18or order where the levying officer is required to take immediate
19possession of the property levied upon is one hundred dollars
20($100).

21

begin deleteSEC. 13.end delete
22begin insertSEC. 8.end insert  

Section 26723 of the Government Code is amended
23to read:

24

26723.  

The fee for opening a safe-deposit box pursuant to
25Sections 488.460 and 700.150 of the Code of Civil Procedure is
26one hundred thirty-five dollars ($135).

27

begin deleteSEC. 14.end delete
28begin insertSEC. 9.end insert  

Section 26725.1 of the Government Code is amended
29to read:

30

26725.1.  

The fee for serving or posting any additionally
31required notices or orders on other parcels is twenty dollars ($20)
32each.

33

begin deleteSEC. 15.end delete
34begin insertSEC. 10.end insert  

Section 26726 of the Government Code is amended
35to read:

36

26726.  

(a) The fee for keeping and caring for property under
37a writ of attachment, execution, possession, or sale is one hundred
38forty dollars ($140) when necessarily employed for any eight-hour
39period or any part thereof. If an additional keeper or keepers are
40required during these periods, the fee for the additional keeper or
P14   1keepers shall be the same as fixed, but, in no event shall any one
2keeper receive more than three hundred dollars ($300) during any
324-hour period when so employed.

4(b) In addition to the fees provided by Section 26721, the fee
5for maintaining custody of property under levy by the use of a
6keeper is forty dollars ($40) for each day custody is maintained
7after the first day.

8(c) Notwithstanding any other fee charged, a keeper shall receive
9 sixty dollars ($60) when, pursuant to Section 26738, a levying
10officer prepares a not-found return.

11

begin deleteSEC. 16.end delete
12begin insertSEC. 11.end insert  

Section 26727 of the Government Code is amended
13to read:

14

26727.  

The fee for a copy of any writ, process, paper, order,
15or notice actually made by him or her when required or demanded
16is one dollar ($1) per page, except that when correct copies are
17furnished to him or her for use no charge shall be made for those
18copies.

19

begin deleteSEC. 17.end delete
20begin insertSEC. 12.end insert  

Section 26728.1 of the Government Code is amended
21to read:

22

26728.1.  

The fee for preparing and posting additionally required
23notices of personal property sales is fifteen dollars ($15) each.

24

begin deleteSEC. 18.end delete
25begin insertSEC. 13.end insert  

Section 26729 of the Government Code is amended
26to read:

27

26729.  

The fee for furnishing a notice for publication is fifteen
28dollars ($15).

29

begin deleteSEC. 19.end delete
30begin insertSEC. 14.end insert  

Section 26730 of the Government Code is amended
31to read:

32

26730.  

The fee for conducting or postponing the sale of real
33or personal property as required by law or the litigant is ninety
34dollars ($90).

35

begin deleteSEC. 20.end delete
36begin insertSEC. 15.end insert  

Section 26731 of the Government Code is amended
37to read:

38

26731.  

(a) Eighteen dollars ($18) of any fee collected by the
39sheriff’s civil division or marshal under Sections 26721, 26722,
4026725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738,
P15   126742, 26743, 26744, and 26750 shall be deposited in a special
2fund in the county treasury. A separate accounting of funds
3deposited shall be maintained for each depositor, and funds
4deposited shall be for the exclusive use of the sheriff’s civil
5division or marshal.

6(b) Ninety-five percent of the moneys in the special fund shall
7be expended to supplement the costs of the depositor for the
8implementation, maintenance, and purchase of auxiliary equipment
9and furnishings for automated systems or other nonautomated
10operational equipment and furnishings deemed necessary by the
11sheriff’s civil division or marshal. Five percent of the moneys in
12the special fund shall be used to supplement the expenses of the
13sheriff’s civil division or marshal in administering the funds.

14

begin deleteSEC. 21.end delete
15begin insertSEC. 16.end insert  

Section 26733.5 of the Government Code is amended
16to read:

17

26733.5.  

The fee for serving a writ of possession of real
18property on an occupant or the occupants or for posting and serving
19a copy on the judgment debtor is eighty-five dollars ($85). The
20additional fee for removing an occupant or occupants from the
21premises and putting a person in possession of the premises is sixty
22dollars ($60). The fee for reposting a notice to vacate shall be
23pursuant to Section 26721.

24

begin deleteSEC. 22.end delete
25begin insertSEC. 17.end insert  

Section 26736 of the Government Code is amended
26to read:

27

26736.  

The fee for cancellation of the service or execution of
28any process or notice, other than a summons, prior to its completion
29is forty dollars ($40). The fee provided by this section shall not be
30charged if a fee is charged pursuant to any other section of this
31article in attempting to serve or execute the process or notice.

32

begin deleteSEC. 23.end delete
33begin insertSEC. 18.end insert  

Section 26738 of the Government Code is amended
34to read:

35

26738.  

The fee for making a not-found return on an affidavit
36and order, order for appearance, subpoena, writ of attachment, writ
37of execution, writ of possession, order for delivery of personal
38property, or other process or notice required to be served, certifying
39that the person or property cannot be found at the address specified
40isbegin delete forty dollars ($40).end deletebegin insert thirty-five dollars ($35).end insert

P16   1

begin deleteSEC. 24.end delete
2begin insertSEC. 19.end insert  

Section 26740 of the Government Code is amended
3to read:

4

26740.  

The fee for the execution and delivery of a deed or
5certificate of redemption is fifteen dollars ($15).

6

begin deleteSEC. 25.end delete
7begin insertSEC. 20.end insert  

Section 26741 of the Government Code is amended
8to read:

9

26741.  

The fee for executing and delivering a certificate or
10deed of sale is fifteen dollars ($15).

begin delete11

SEC. 26.  

Section 26744 of the Government Code is repealed.

end delete
12

begin deleteSEC. 27.end delete
13begin insertSEC. 21.end insert  

Section 26744.5 of the Government Code is amended
14to read:

15

26744.5.  

(a) The fees for processing a warrant issued pursuant
16to Section 1993 of the Code of Civil Procedure shall be paid by
17the moving party, as follows:

18(1) Forty dollars ($40) to receive and process the warrant, which
19shall include the issuance and mailing of a notice advising the
20person to be arrested of the issuance of the warrant and demanding
21that the person appear in court.

22(2) begin deleteThirty-five dollars ($35) end deletebegin insertForty dollars ($40) end insertto cancel the
23service of the warrant.

24(3) Eighty-five dollars ($85) if unable to find the person at the
25address specified using due diligence.

26(4) One hundred dollars ($100) to arrest the person, which shall
27include the arrest and release of the person on a promise to appear
28pursuant to Section 1993.2 of the Code of Civil Procedure.

29(b) The in forma pauperis fee waiver provisions under Rules
303.50 to 3.58, inclusive, of the California Rules of Court shall apply
31to the collection of fees under this section.

32

begin deleteSEC. 28.end delete
33begin insertSEC. 22.end insert  

Section 26746 of the Government Code is amended
34to read:

35

26746.  

(a) In addition to any other fees required by law, a
36processing fee ofbegin delete thirteen dollars ($13)end deletebegin insert twelve dollars ($12)end insert shall
37be assessed for each disbursement of money collected under a writ
38 of attachment, execution, possession, or sale, but excluding any
39action by the local child support agency for the establishment or
40enforcement of a child support obligation. The fee shall be
P17   1collected from the judgment debtor in addition to, and in the same
2manner as, the moneys collected under the writ. All proceeds of
3this fee shall be deposited in a special fund in the county treasury.
4A separate accounting of funds deposited shall be maintained for
5each depositor, and funds deposited shall be for the exclusive use
6of the depositor.

7(b) The special fund shall be expended to supplement the
8county’s cost for vehicle fleet replacement and equipment,
9maintenance, and civil process operations, including data systems
10and consultant services.

11(c) A processing fee shall not be charged pursuant to this section
12if the only disbursement is the return of the judgment creditor’s
13deposit for costs.

14

begin deleteSEC. 29.end delete
15begin insertSEC. 23.end insert  

Section 26746.1 of the Government Code is amended
16to read:

17

26746.1.  

(a) Abegin delete twenty dollarend deletebegin insert twenty-dollarend insert ($20) fee shall be
18assessed by the sheriff or marshal for certification of correction
19on each citation that requires inspection for proof of correction of
20any violation pursuant to Section 40616 of the Vehicle Code.

21(b) All proceeds of the fee shall be deposited in a special fund
22in the county treasury. A separate accounting of funds deposited
23shall be maintained for each depositor, and funds deposited shall
24be for the exclusive use of the sheriff’s civil division or marshal.

25(c) Ninety-five percent of the moneys in the special fund shall
26be expended to supplement the costs of the depositor for the
27implementation, maintenance, and purchase of auxiliary equipment
28and furnishings for automated systems or other nonautomated
29operational equipment and furnishings deemed necessary by the
30sheriff’s civil division or marshal. Five percent of the moneys in
31the special fund shall be used to supplement the expenses of the
32sheriff’s civil division or marshal in administering the funds.

33

begin deleteSEC. 30.end delete
34begin insertSEC. 24.end insert  

Section 26750 of the Government Code is amended
35to read:

36

26750.  

(a) The fee for serving an earnings withholding order
37under the Wage Garnishment Law (Chapter 5 (commencing with
38Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of
39Civil Procedure), including, but not limited to, the costs of postage
40or traveling, and for performing all other duties of the levying
P18   1officer under that law with respect to the levy shall be thirty-five
2dollars ($35).

3(b) Except as provided in Section 26746, the levying officer
4shall not charge additional fees, costs, or expenses for performing
5the duties under the Wage Garnishment Law (Chapter 5
6(commencing with Section 706.010) of Division 2 of Title 9 of
7Part 2 of the Code of Civil Procedure).



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