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SB-85 • 2026

Civil actions: service of summons.

Civil actions: service of summons.

Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Umberg
Last action
2025-10-06
Official status
Chaptered by Secretary of State. Chapter 403, Statutes of 2025.
Effective date
Not listed

Plain English Breakdown

The official source material does not specify the exact methods of electronic means or how courts will determine proper notice.

Civil Actions: Serving Summons

This law allows courts to use electronic means for serving summons in civil cases if traditional methods fail and the court believes it will give proper notice.

What This Bill Does

  • Allows a court to direct service of a summons by electronic means if a plaintiff has tried but failed to serve using standard methods and shows reasonable diligence.
  • Requires plaintiffs to show they have made reasonable efforts to serve the summons in the usual way before asking for an alternative method.
  • Exempts actions against public entities or their employees from these new rules.

Who It Names or Affects

  • Courts and judges who handle civil cases
  • People starting lawsuits (plaintiffs)
  • Defendants in civil actions

Terms To Know

Summons
A legal document that starts a lawsuit by telling the defendant they are being sued.
Electronic means
Using digital methods like email or online services to deliver important legal documents.

Limits and Unknowns

  • The law does not specify what electronic methods can be used.
  • It is unclear how courts will decide if an electronic method gives proper notice.

Bill History

  1. 2025-10-06 California Legislative Information

    Chaptered by Secretary of State. Chapter 403, Statutes of 2025.

  2. 2025-10-06 California Legislative Information

    Approved by the Governor.

  3. 2025-09-02 California Legislative Information

    Enrolled and presented to the Governor at 11 a.m.

  4. 2025-08-25 California Legislative Information

    Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2253.) Ordered to engrossing and enrolling.

  5. 2025-08-21 California Legislative Information

    Ordered to special consent calendar.

  6. 2025-07-01 California Legislative Information

    In Senate. Concurrence in Assembly amendments pending.

  7. 2025-06-30 California Legislative Information

    Read third time. Passed. (Ayes 78. Noes 0. Page 2369.) Ordered to the Senate.

  8. 2025-06-26 California Legislative Information

    Read second time. Ordered to consent calendar.

  9. 2025-06-25 California Legislative Information

    Read second time and amended. Ordered to second reading.

  10. 2025-06-24 California Legislative Information

    From committee: Do pass as amended. Ordered to consent calendar. (Ayes 12. Noes 0.) (June 24).

  11. 2025-05-29 California Legislative Information

    Referred to Com. on JUD.

  12. 2025-05-15 California Legislative Information

    In Assembly. Read first time. Held at Desk.

  13. 2025-05-15 California Legislative Information

    Read third time. Passed. (Ayes 34. Noes 0. Page 1089.) Ordered to the Assembly.

  14. 2025-05-08 California Legislative Information

    Read second time. Ordered to consent calendar.

  15. 2025-05-07 California Legislative Information

    From committee: Do pass. Ordered to consent calendar. (Ayes 12. Noes 0. Page 1026.) (May 6).

  16. 2025-04-08 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  17. 2025-04-08 California Legislative Information

    Set for hearing May 6.

  18. 2025-04-02 California Legislative Information

    Re-referred to Com. on JUD.

  19. 2025-03-25 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  20. 2025-01-29 California Legislative Information

    Referred to Com. on RLS.

  21. 2025-01-22 California Legislative Information

    From printer. May be acted upon on or after February 21.

  22. 2025-01-21 California Legislative Information

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 85, Umberg.
Civil actions: service of summons.
Existing law prescribes specified methods for the service of a summons in a civil action. Under existing law, if no provision is made in statute for the service of summons, a court may direct a summons to be served in a manner that is reasonably calculated to give actual notice to the party to be served.
This bill would also authorize a court to direct a summons to be served in a manner that is reasonably calculated to give actual notice to the party to be served if a plaintiff,
exercising reasonable diligence, has been unable to serve the summons using methods prescribed by statute. The bill would authorize a court, upon motion, to direct service of the summons by electronic means, if such service is reasonably calculated to give actual notice. The bill would require a plaintiff seeking to establish reasonable diligence under this section to set forth facts that detail, as specified, the attempts to effect service pursuant to the methods prescribed by statute. The bill would also except actions against public entities or agents or employees of public entities from these
provisions.

Current Bill Text

Read the full stored bill text
Download Bill PDF