Civil actions: service of summons: commercial buildings.

Plain English Breakdown

The bill summary and digest do not provide specific details about the conditions that must be met for service to be deemed complete. These conditions are mentioned but not elaborated upon in the provided official source material.

Service of Summons in Commercial Buildings

This law allows a summons to be served on tenants or occupants of commercial buildings by leaving it with security personnel if direct service is not possible due to access control.

What This Bill Does

• Allows substituted service when trying to serve someone directly at their commercial building fails because the person attempting service is refused entry or prevented from making a direct attempt at personal service.
• Requires the person serving the documents to leave them with security personnel, concierge staff, or similar agents who control access to tenant spaces in commercial buildings.
• Deems this method of leaving documents as valid substituted service on the tenant or occupant.
• Specifies that service is complete when and where the documents are left if certain conditions are met.
• Requires proof of service to include details like date, time, place, and description of the person who received the documents.

Who It Names or Affects

• People trying to serve legal papers in commercial buildings.
• Tenants or occupants of commercial buildings with controlled access.
• Security personnel, concierge staff, or similar agents at commercial buildings.

Terms To Know

Substituted service

A method used when direct personal delivery is not possible; involves leaving documents and mailing a copy to the person being served.

Commercial building

A property primarily used for business purposes, such as offices or retail spaces.

Limits and Unknowns

• Does not apply if another legal method of service is chosen by the serving party.
• Does not cover individuals who are not tenants or occupants of commercial buildings.

Official Summary Text

AB 1742, as introduced, Chen.
Civil actions: service of summons: commercial buildings.
Existing law prescribes specified methods for the service of a summons in a civil action. Existing law provides that if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, the summons may be served by leaving a copy at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a person who is at least 18 years of age, and by thereafter mailing a copy of the summons and complaint, as specified. This method of service is known as substituted service.
This bill would authorize substituted service of process on a tenant or occupant of a commercial building, as defined, wherein access to the tenant spaces is controlled by security personnel, concierge staff, or similar agents, if the person attempting service is refused
entry or is otherwise prevented from making a direct attempt at personal service. Under this bill, service of process would be deemed effective by leaving a copy of the documents to be served with security personnel, concierge staff, or similar agents of the commercial building. The bill would deem service in such a manner to constitute substituted service on the tenant or occupant of the commercial building. The bill would deem service completed on the date and at the time of service, if specified conditions are met. Under this bill, a proof of service would require a declaration setting forth specified information, such as the date, time, and place of service, and the identity or description of the person controlling access with whom the documents were deposited, and facts showing that the person appeared to be at least 18 years of age and in charge of the central access point of the commercial building. These provisions would not apply when an alternative authorized method of service is chosen by the
serving party and would not apply to individuals, as defined.

Current Bill Text

Download Bill PDF