New Law Gives California Process Servers Access to Secure Locations!

Law expands access to secure dwellings for California Process Servers.

Sponsored bill, AB 622, was signed by our California Governor on Wednesday, June 26, 2019 and is effective beginning January 1, 2020 and opens new doors for due process. This bill expands CCP 415.21 (which grants Registered Process Servers access into gated communities) to include “covered multifamily dwellings” defined as either: 

1. a) Apartment buildings with three or more dwelling units, including timeshare apartments not considered a place of public accommodation or transient lodging; or
2. b) Condominiums with four or more dwelling units, including timeshare condominiums not considered a place of public accommodation, or transient lodging. Guards or other security personnel, if any, must grant access to a covered multifamily dwelling, as defined, for the sole purpose of performing service of process or serving a subpoena. 

The California Senate Rules Committee wrote a very pleasant analysis about the bill stating, “Case Law Emphasizes that Place of Residence Does Not Put Anyone above the Law.” Service of process is a critical first step to initiation of a lawsuit. Similarly, service of a subpoena is often essential to ensuring that a witness will appear to testify in a legal matter. If living in a gated community or a locked apartment building could entirely insulate the residents from receiving service of process or a subpoena, it would have the effect of placing those residents beyond the reach of the law, at least while they were at home. Not surprisingly, California law is clear in its statement that a person’s living situation cannot be used to avoid complying with the law.”

As the Assembly Judiciary Committee pointed out in its analysis of this bill, the California Court of Appeal has held that simply because a process server is unable to, “somehow manage to get past [a] locked door” is not a valid justification for a person to defeat service of process. (Khourie v. Sabek (1990) 200 Cal.App.3d 1009, 1013.) Similarly, California courts have ruled that living in a gated community is not a sufficient justification to avoid service. Where a defendant sought to avoid service of a lawsuit by, in effect, hiding out in the defendant’s gated community, the court authorized the use of substituted service of process upon a guard at the defendant’s gated community. (Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387.)

Direct Legal Support a member of “CALSPro” the sponsor of the bill AB622. CALSPro provides accessibility for process servers and ensuring the right to due process. For more information, contract Direct Legal Support: (800) 675-5376 or visit https://directlegal.com/

If you have any questions or require immediate assistance, please feel free to contact the Direct Legal Support team.

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