Service of Process Accountability, Reform and Equity (SPARE) Act.

Section 417.40 was changed so that proof of service must include the registration number when signed by a person who is 'required to be registered' as a process server, rather than only those who are already 'registered.' This broadens coverage to include unregistered persons who should have registered.

Section 417.40 no longer requires the proof of service to indicate the county in which the process server is registered; only the registration number is now required.

The chaptered version adds the official chapter designation (Chapter 563), the governor's approval and filing date (October 10, 2025), and the 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header, replacing the enrolled bill's passage dates and clerk signatures.

The official 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header and chaptered document formatting (page numbers, column layout) were removed and replaced with a web page layout including navigation menus, search tools, version history links, and share options.

Website interface elements were added, including navigation links (home, accessibility, FAQ, feedback, sitemap, login), bill tracking features, version comparison tools, and a list of prior bill versions with dates.

The bill now uses a phased approach: current Sections 22355 (Business and Professions Code), 415.20, and 415.45 (Code of Civil Procedure) are amended to sunset on January 1, 2027, and new versions of those sections become operative on January 1, 2027. This creates a transition period rather than immediate implementation.

The burden-of-proof framework for setting aside default judgments was significantly revised. Previously the plaintiff simply had the burden to prove service was lawful. Now the party seeking relief must first proffer evidence that service was not effected, after which the party seeking the default judgment bears the burden of proving by a preponderance of the evidence that the court has jurisdiction and that service was lawful. The court is now required (not merely authorized) to conduct a hearing and receive oral testimony if either party requests it.

A new consumer-debt-specific requirement was added to Section 415.20: in actions to collect consumer debt (as defined in Civil Code Section 1788.2), at least one service attempt must be made at the dwelling place or usual place of abode of the person to be served, provided that address is known or could be determined with reasonable effort.

The definition of 'reasonable diligence' was narrowed from applying to all service of process to applying only in specified civil cases. The photograph and GPS coordinate requirements for proof of service were expanded to explicitly cover posting in unlawful detainer actions, not just personal, substituted, or mail service.

The provision that would have eliminated the rule that service complying with procedural requirements is not invalid solely because it was made by an unregistered process server appears to have been removed, consistent with the phased sunset-and-restart approach for the registration system.

Section 585.5 was removed from the list of sections being amended, and the repeal of Section 413.40 was removed from the short title. Gender-neutral language changes were made throughout (replacing 'he' with 'they' or 'the party').

The process server registration requirement is eliminated. The bill no longer amends Business and Professions Code Sections 22350 or 22360, meaning there is no longer a mandate for individuals who serve process in more than 10 actions per year to file a verified certificate of registration with the county clerk, nor a requirement that registered servers be limited to serving only in their registered counties.

In eviction cases involving commercial real property (as defined in Section 1161.1(d)), the requirement that at least one service attempt be made at the dwelling house or usual place of abode no longer applies, recognizing that commercial tenants may not have a residential address.

The bill now adds Section 473.2 to the Code of Civil Procedure and amends Section 1166, expanding the statutory framework beyond what was in the Assembly version.

A new provision requires that in unlawful detainer (eviction) actions, the complaint must include information describing the date, time, and location of effected service of the termination notice on the tenant.

Photograph requirements for proof of service are expanded to cover both effectuated AND attempted service. A safety exception is added: a photograph is not required if taking one would compromise the process server's safety, in which case a detailed explanation must be provided. A new requirement mandates that photographs be taken as contemporaneously as practicable to the time of service.

If no GPS or cellular signal is available at the time and place of service, the process server must provide a detailed statement on the proof of service explaining the reason for the lack of a readable GPS stamp on the photograph.

Mailing options for substituted service are expanded from first-class mail only to include Priority Mail with tracking or Certified Mail with return receipt requested, giving process servers more reliable delivery methods.

The definition of 'reasonable diligence' now explicitly covers attempts to deliver the 'summons and complaint' (not just the summons), and adds that if the dwelling house or usual place of abode cannot be determined with reasonable effort, the proof of service must contain information including the efforts taken to locate the home address.

The remedy for defective service is broadened: a party may now bring a motion to 'quash service' in addition to setting aside or vacating a default judgment. The plaintiff's burden is clarified as producing evidence and establishing by a preponderance that the court has jurisdiction over the defendant AND that service was effected. A savings clause confirms these provisions do not limit other available remedies.

The threshold for mandatory process server registration changed from making 'more than 10 services of process' to effectuating service 'in more than 10 actions.' This means a person is now only required to register if they serve process in more than 10 different legal cases per year, rather than after making more than 10 individual service attempts (which could occur within fewer cases).

Sections 22360 and 417.40 no longer require proof of service to indicate the county in which the process server is registered. The requirement was narrowed to only indicating the registration number assigned by the county clerk, removing the county identification element.

Section 22355 of the Business and Professions Code (governing county clerk duties for maintaining registers and issuing ID cards) was added to the list of sections the bill amends, expanding the bill's reach into the administrative registration process.

The fiscal committee designation changed from 'no' to 'yes' and the state-mandated local program designation changed from 'no' to 'yes.' This acknowledges that the bill imposes new costs on county clerks (maintaining publicly available registers) that require state reimbursement under the California Constitution's mandate reimbursement provisions.

A new legislative finding was added stating that defective or fraudulent service of process denies Californians access to justice and that the Legislature enacts the bill to advance accountability and transparency in service of process. This provides additional policy justification for the bill's requirements.

The bill expanded from amending a single section (22350 B&P Code) with nonsubstantive changes to amending 11 sections across two codes and repealing one, covering process server registration, service methods, proof of service, default judgment relief, and unlawful detainer procedures.

A new provision allows service on the first delivery attempt when the only known address is a private mailbox at a commercial mail receiving agency, addressing situations where defendants use such services to avoid personal service.

Process servers must now register in every county where they effectuate service, not just their home county, and may only serve in counties where they are registered. County clerks must make their registers publicly available.

Proof of service must now include at least one photograph of the service site with a readable time stamp and GPS coordinates showing date, time, and location. For dwellings, the photo must show the specific door of the person's home or apartment. If the server is registered, their ID card must be shown.

Applications to enter default under Section 585 must now include proof of service containing all materials required by the new Section 417.10 (photos, GPS, time stamps). The court shall not enter default unless this requirement is met.

The registration threshold changed from 'makes more than 10 services of process' to 'effectuates service of process in more than 10 actions,' meaning multiple services in a single action now count as one rather than multiple.

A new statutory definition of 'reasonable diligence' requires attempting personal delivery in good faith on at least three occasions on three different days at three different times, with at least one attempt at the dwelling house or usual place of abode. This applies to substituted service and unlawful detainer posting.

Section 413.40 of the Code of Civil Procedure is repealed, which previously provided that service was not invalid or ineffective solely because it was made by a person in violation of process server registration requirements. This removal means unregistered service can now be grounds to invalidate service.

A party may now bring a motion to vacate a default judgment that is void for lack of proper service at any time after entry, with no time limit. When a party claims non-service, the burden shifts to the plaintiff to establish by a preponderance of the evidence that service was lawful, and the court must take evidence on the lawfulness of service.

The bill now creates a state-mandated local program (county clerks must maintain publicly available registers and issue temporary ID cards), triggering fiscal committee review and potential state reimbursement to local agencies for mandated costs.