Amended IN Assembly April 06, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2791Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)February 18, 2022 An act to add Section Sections 26666 and 26666.5 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2791, as amended, Bloom. Sheriffs: service of process and notices.Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.This bill would would, on and after January 1, 2024, require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, notice or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, notice or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, notice or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, notice or other process for service, and would require a marshal or sheriff to serve a writ, notice, notice or other process if specified criteria are met. The bill would require the Judicial Council to create, on or before January 1, 2024, a form or forms required to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff. The bill would require all requests to a marshal or sheriff, including their department or office, for service of a notice or other process under these provisions to be made on the Judicial Council form or forms.By requiring marshals and sheriffs, including their department or office to allow writs, notices, notices and other process to be transmitted to the department or office by email or fax , fax, thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26666 is added to the Government Code, to read:26666.(a)A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.(b)(c) A marshal or sheriff, including their department or office, shall allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, notice or other process for service.(c)(d) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, notice or other process for service, and shall serve a writ, notice, notice or other process if the following criteria are met:(1) A case number appears on the writ, notice, notice or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An A name, description, and address has have been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.(4) The form or forms required under Section 26666.5 are present and complete.(e) This section shall not be construed to impede a private process servers rights or obligations, including, but not limited to, the ability to serve a notice or other process as requested by a client.(f) This section shall become operative on January 1, 2024.SEC. 2. Section 26666.5 is added to the Government Code, to read:26666.5. On or before January 1, 2024, Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. All requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms.SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly April 06, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2791Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)February 18, 2022 An act to add Section Sections 26666 and 26666.5 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 2791, as amended, Bloom. Sheriffs: service of process and notices.Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.This bill would would, on and after January 1, 2024, require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, notice or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, notice or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, notice or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, notice or other process for service, and would require a marshal or sheriff to serve a writ, notice, notice or other process if specified criteria are met. The bill would require the Judicial Council to create, on or before January 1, 2024, a form or forms required to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff. The bill would require all requests to a marshal or sheriff, including their department or office, for service of a notice or other process under these provisions to be made on the Judicial Council form or forms.By requiring marshals and sheriffs, including their department or office to allow writs, notices, notices and other process to be transmitted to the department or office by email or fax , fax, thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 06, 2022
Amended IN Assembly April 06, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2791
Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)February 18, 2022
Introduced by Assembly Member Bloom(Principal coauthor: Senator Rubio)
February 18, 2022
An act to add Section Sections 26666 and 26666.5 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2791, as amended, Bloom. Sheriffs: service of process and notices.
Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.This bill would would, on and after January 1, 2024, require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, notice or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, notice or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, notice or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, notice or other process for service, and would require a marshal or sheriff to serve a writ, notice, notice or other process if specified criteria are met. The bill would require the Judicial Council to create, on or before January 1, 2024, a form or forms required to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff. The bill would require all requests to a marshal or sheriff, including their department or office, for service of a notice or other process under these provisions to be made on the Judicial Council form or forms.By requiring marshals and sheriffs, including their department or office to allow writs, notices, notices and other process to be transmitted to the department or office by email or fax , fax, thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law allows writs, notices, or other process issued by superior courts in civil actions or proceedings to be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.
This bill would would, on and after January 1, 2024, require a marshal or sheriff, including their department or office, to accept an electronically signed writ, notice, notice or other process and would prohibit a marshal or sheriff, including their department or office, from requiring an original or wet signature on a writ, notice, notice or other process. The bill would require a marshal or sheriff, including their department or office, to allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and would prohibit a marshal or sheriff, including their department or office, from charging and collecting a fee for the transmission of the writ, notice, notice or other process for service. The bill would prohibit a marshal or sheriff, including their department or office, from reviewing the substance of a writ, notice, notice or other process for service, and would require a marshal or sheriff to serve a writ, notice, notice or other process if specified criteria are met. The bill would require the Judicial Council to create, on or before January 1, 2024, a form or forms required to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff. The bill would require all requests to a marshal or sheriff, including their department or office, for service of a notice or other process under these provisions to be made on the Judicial Council form or forms.
By requiring marshals and sheriffs, including their department or office to allow writs, notices, notices and other process to be transmitted to the department or office by email or fax , fax, thereby imposing a higher level of service on local government, this bill would impose a state-mandated local program
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 26666 is added to the Government Code, to read:26666.(a)A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.(b)(c) A marshal or sheriff, including their department or office, shall allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, notice or other process for service.(c)(d) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, notice or other process for service, and shall serve a writ, notice, notice or other process if the following criteria are met:(1) A case number appears on the writ, notice, notice or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An A name, description, and address has have been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.(4) The form or forms required under Section 26666.5 are present and complete.(e) This section shall not be construed to impede a private process servers rights or obligations, including, but not limited to, the ability to serve a notice or other process as requested by a client.(f) This section shall become operative on January 1, 2024.SEC. 2. Section 26666.5 is added to the Government Code, to read:26666.5. On or before January 1, 2024, Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. All requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms.SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 26666 is added to the Government Code, to read:26666.(a)A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.(b)(c) A marshal or sheriff, including their department or office, shall allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, notice or other process for service.(c)(d) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, notice or other process for service, and shall serve a writ, notice, notice or other process if the following criteria are met:(1) A case number appears on the writ, notice, notice or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An A name, description, and address has have been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.(4) The form or forms required under Section 26666.5 are present and complete.(e) This section shall not be construed to impede a private process servers rights or obligations, including, but not limited to, the ability to serve a notice or other process as requested by a client.(f) This section shall become operative on January 1, 2024.
SECTION 1. Section 26666 is added to the Government Code, to read:
### SECTION 1.
26666.(a)A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.(b)(c) A marshal or sheriff, including their department or office, shall allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, notice or other process for service.(c)(d) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, notice or other process for service, and shall serve a writ, notice, notice or other process if the following criteria are met:(1) A case number appears on the writ, notice, notice or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An A name, description, and address has have been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.(4) The form or forms required under Section 26666.5 are present and complete.(e) This section shall not be construed to impede a private process servers rights or obligations, including, but not limited to, the ability to serve a notice or other process as requested by a client.(f) This section shall become operative on January 1, 2024.
(a)A marshal or sheriff, including their department or office, shall accept an electronically signed writ, notice, or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a writ, notice, or other process for service.
26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.(b)(c) A marshal or sheriff, including their department or office, shall allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, notice or other process for service.(c)(d) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, notice or other process for service, and shall serve a writ, notice, notice or other process if the following criteria are met:(1) A case number appears on the writ, notice, notice or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An A name, description, and address has have been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.(4) The form or forms required under Section 26666.5 are present and complete.(e) This section shall not be construed to impede a private process servers rights or obligations, including, but not limited to, the ability to serve a notice or other process as requested by a client.(f) This section shall become operative on January 1, 2024.
26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.(b)(c) A marshal or sheriff, including their department or office, shall allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, notice or other process for service.(c)(d) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, notice or other process for service, and shall serve a writ, notice, notice or other process if the following criteria are met:(1) A case number appears on the writ, notice, notice or other process. Blank forms, such as responsive forms, are not required to include a case number.(2) An A name, description, and address has have been provided for the person to be served.(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.(4) The form or forms required under Section 26666.5 are present and complete.(e) This section shall not be construed to impede a private process servers rights or obligations, including, but not limited to, the ability to serve a notice or other process as requested by a client.(f) This section shall become operative on January 1, 2024.
26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.(b)
26666. (a) A marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. This section does not supersede Title 4 of Part 1 of the Code of Civil Procedure.
(b) A marshal or sheriff, including their department or office, shall accept an electronically signed notice or other process issued by superior courts in civil actions or proceedings and shall not require an original or wet signature on a notice or other process for service.
(b)
(c) A marshal or sheriff, including their department or office, shall allow a writ, notice, notice or other process for service to be transmitted to the department or office by email or fax and shall not charge and collect a fee for the transmission of the writ, notice, notice or other process for service.
(c)
(d) A marshal or sheriff, including their department or office, shall not review the substance of a writ, notice, notice or other process for service, and shall serve a writ, notice, notice or other process if the following criteria are met:
(1) A case number appears on the writ, notice, notice or other process. Blank forms, such as responsive forms, are not required to include a case number.
(2) An A name, description, and address has have been provided for the person to be served.
(3) An order to be served, including a restraining order, bears the signature of the judge and court endorsement or seal.
(4) The form or forms required under Section 26666.5 are present and complete.
(e) This section shall not be construed to impede a private process servers rights or obligations, including, but not limited to, the ability to serve a notice or other process as requested by a client.
(f) This section shall become operative on January 1, 2024.
SEC. 2. Section 26666.5 is added to the Government Code, to read:26666.5. On or before January 1, 2024, Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. All requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms.
SEC. 2. Section 26666.5 is added to the Government Code, to read:
### SEC. 2.
26666.5. On or before January 1, 2024, Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. All requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms.
26666.5. On or before January 1, 2024, Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. All requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms.
26666.5. On or before January 1, 2024, Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. All requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms.
26666.5. On or before January 1, 2024, Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. All requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms.
SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.SEC. 3.