Amended in Senate June 16, 2014

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 Bill No. 2256

Introduced by Assembly Member Garcia

February 21, 2014

An act to amend Sections 262.7 and 415.21 of the Code of Civil Procedure, and to amend Sections 6103.3, 26720.9, begin delete 26721, end delete 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 26750 of 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.

(2) 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, begin insert upon identifying to the guard the person or persons to be served, end insert as specified.

This bill would begin delete 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. end delete begin insert remove the requirement that a person identify the person or persons to be served to the guard or security personnel before being granted access to the gated community end insert begin insert . end insert

(3) 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 sheriff to provide the notification by publishing notice of service of process on the sheriff’s Internet Web site.

begin insert

(4) Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals.

end insert begin insert

This bill would revise and increase the fees for services provided by sheriffs or marshals, as specified.

end insert

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

262.7.  

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

begin delete

SEC. 2.  

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

415.21.  

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

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 415.21 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

415.21.  

(a) Notwithstanding any other law, any person shall
be granted access to a gated community for a reasonable period
of time for the sole purpose of performing lawful service of process
or service of a begin delete subpoena, upon identifying to the guard the person
or persons to be served, and end delete begin insert subpoena end insert upon displaying a current
driver’s license or other identification, and one of the following:

(1) A badge or other confirmation that the individual is acting
in his or her capacity as a representative of a county sheriff or
marshal.

(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of
the Business and Professions Code or of licensure as a private
investigator pursuant to Chapter 11.3 (commencing with Section
7512) of Division 3 of the Business and Professions Code.

(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the
community.

SEC. 3.  

Section 6103.3 of the Government Code is amended
to read:

6103.3.  

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

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

(b) Notwithstanding subdivision (a), the sheriff may provide
the notification described in subdivision (a) by publishing the
notice of service of process on the sheriff’s Internet Web site.

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

SEC. 4.  

Section 26720.9 of the Government Code is amended
to read:

26720.9.  

Notwithstanding any other law, the amounts set forth
in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and
26743 shall be forty dollars ($40).

begin delete

SEC. 5.  

Section 26721 of the Government Code is amended
to read:

26721.  

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

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

end delete

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 26721.2 of the Government Code is amended
to read:

26721.2.  

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

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

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

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 26722 of the Government Code is amended
to read:

26722.  

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

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 26723 of the Government Code is amended
to read:

26723.  

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

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 26725.1 of the Government Code is amended
to read:

26725.1.  

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

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 26726 of the Government Code is amended
to read:

26726.  

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

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

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

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

Section 26727 of the Government Code is amended
to read:

26727.  

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

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

Section 26728.1 of the Government Code is amended
to read:

26728.1.  

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

begin delete SEC. 13. end delete
begin insert SEC. 12. end insert   

Section 26729 of the Government Code is amended
to read:

26729.  

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

begin delete SEC. 14. end delete
begin insert SEC. 13. end insert   

Section 26730 of the Government Code is amended
to read:

26730.  

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

begin delete SEC. 15. end delete
begin insert SEC. 14. end insert   

Section 26731 of the Government Code is amended
to read:

26731.  

(a) Eighteen dollars ($18) of any fee collected by the
sheriff’s civil division or marshal under Sections 26721, 26722,
26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738,
26742, 26743, 26744, and 26750 shall be deposited in a special
fund in the county treasury. A separate accounting of funds
deposited shall be maintained for each depositor, and funds
deposited shall be for the exclusive use of the sheriff’s civil
division or marshal.

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

begin delete SEC. 16. end delete
begin insert SEC. 15. end insert   

Section 26733.5 of the Government Code is amended
to read:

26733.5.  

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

begin delete SEC. 17. end delete
begin insert SEC. 16. end insert   

Section 26736 of the Government Code is amended
to read:

26736.  

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

begin delete SEC. 18. end delete
begin insert SEC. 17. end insert   

Section 26738 of the Government Code is amended
to read:

26738.  

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

begin delete SEC. 19. end delete
begin insert SEC. 18. end insert   

Section 26740 of the Government Code is amended
to read:

26740.  

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

begin delete SEC. 20. end delete
begin insert SEC. 19. end insert   

Section 26741 of the Government Code is amended
to read:

26741.  

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

begin delete SEC. 21. end delete
begin insert SEC. 20. end insert   

Section 26744.5 of the Government Code is amended
to read:

26744.5.  

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

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

(2) Forty dollars ($40) to cancel the service of the warrant.

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

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

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

begin delete SEC. 22. end delete
begin insert SEC. 21. end insert   

Section 26746 of the Government Code is amended
to read:

26746.  

(a) In addition to any other fees required by law, a
processing fee of twelve dollars ($12) shall be assessed for each
disbursement of money collected under a writ of attachment,
execution, possession, or sale, but excluding any action by the
local child support agency for the establishment or enforcement
of a child support obligation. The fee shall be collected from the
judgment debtor in addition to, and in the same manner as, the
moneys collected under the writ. All proceeds of this fee shall be
deposited in a special fund in the county treasury. A separate
accounting of funds deposited shall be maintained for each
depositor, and funds deposited shall be for the exclusive use of the
depositor.

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

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

begin delete SEC. 23. end delete
begin insert SEC. 22. end insert   

Section 26746.1 of the Government Code is amended
to read:

26746.1.  

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

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

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

begin delete SEC. 24. end delete
begin insert SEC. 23. end insert   

Section 26750 of the Government Code is amended
to read:

26750.  

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

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