When:
Taking effect January 1, 2027
What:
California AB 747 -- known as the SPARE Act -- amends, repeals, and adds Section 22355 of the Business and Professions Code, and amends, repeals, and adds Sections 415.20, 415.45, 417.10, 417.40, 473, 473.5, 585, and 1166 of the Code of Civil Procedure, while adding a new Section 473.2, all relating to service of process.
How:
This act makes significant changes to the California service of process landscape.
Reasonable Diligence: Requires a minimum of three in-person delivery attempts on three different days and at three different times.
One Legal: Our current diligence standards – up to 4 attempts with stipulated morning, midday, evening, and weekend attempts – meet these requirements.
Specific standard for substitute service: Process servers must make at least three “good faith” attempts at personal delivery, on three different days and at three different times, before substitute service becomes an option.
One Legal: Our current standard already meets these requirements, as well as those for counties with stricter rules.
Documented proof of service: Servers must provide verified documentation of the date, time, and location of each attempted or completed service. Additionally, the proof of service must include GPS location-stamped photographs of the service site (e.g., doorway, entrance).
One Legal: The ServeManager mobile application records the GPS coordinates, date and time of every attempt automatically. Clear directives on attempt photos will specifically address the requirements of AB747, including steps when a photo cannot be taken (e.g., safety concerns, technical issues).
Finally, we’ll adjust the affidavits we provide to ensure that they are 100% SPARE-compliant.
Why:
Due to instances of "bad actors," legislators have now guaranteed that defendants will have enhanced avenues and opportunities to challenge judgments made through improper or fraudulent service. This shifts the burden of proof to the plaintiff to prove lawful service by a preponderance of the evidence.
Also, jurisdictions across the country are becoming much stricter on fraudulent service. One Legal strives to prove unquestionably to our customers and the courts that every attempt on every serve is legitimate and complies completely with the SPARE Act provisions in both letter and intent.