Repealed (in Sec. 8) and added by Stats. 2025, Ch. 563, Sec. 9. (AB 747) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.
Proof that a summons was served on a person within this state shall be made:
(a)If served under Section 415.10, 415.20, 415.30, or 415.45, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this chapter. The affidavit shall recite or in other manner show the name of any person to whom a copy of the summons and complaint were delivered, and, if appropriate, the person’s title or the capacity in which the person is served, and that the notice required by Section 412.30 appeared on the copy of the summons served, if in fact it did appear.
(1)If served under Section 415.10, 415.20, or 415.45, the
proof of service shall include one or more photographs of the site of each effected or attempted service of the summons and complaint.
(A)Each photograph shall contain a readable stamp that establishes and automatically records the date, time, and global positioning system (GPS) or equivalent coordinates of the effected or attempted service.
(B)If no GPS, cellular, or equivalent signal is available at the time and place of an effected or attempted service, the process server shall provide a detailed statement on or with the proof of service explaining the reason for the lack of a readable GPS or equivalent stamp on the photograph.
(2)(A) If the site of the effected or attempted service is a dwelling place or abode, for each effected or attempted service of the summons and complaint, at least
one of the photographs required by paragraph (1) shall show the door, or, if the door is not reasonably accessible, the entrance of the house, apartment, or other dwelling place of the person to be served.
(B)If the site of the effected or attempted service is a place of business, for each effected or attempted service of the summons and complaint, at least one of the photographs required by paragraph (1) shall show the door, or, if the door is not reasonably accessible, the entrance of the specific office or other place of business of the person being served.
(C)For purposes of subparagraphs (A) and (B), if the door is not reasonably accessible and the process server takes a photograph of the entrance instead, the process server shall explain with specificity on or with the proof of service why the door was not accessible.
(3)If service is made by mail pursuant to Section 415.30, proof of service shall include the acknowledgment of receipt of summons in the form provided by that section or other written acknowledgment of receipt of summons satisfactory to the court.
(4)Notwithstanding paragraph (1), a photograph is not required if, in the reasonable judgment of the process server, taking a photograph would compromise the process server’s safety. In such circumstances, the process server shall document the effected or attempted service on the proof of service and provide a detailed statement explaining why taking a photograph would have compromised their safety.
(5)The photograph required by paragraph (1) shall be taken by the process server as closely as practicable to the time of effecting or attempting service.
(b)If
served by publication pursuant to Section 415.50, by the affidavit of the publisher or printer, or the publisher’s or printer’s foreperson or principal clerk, showing the time and place of publication, and an affidavit showing the time and place a copy of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
(c)If served pursuant to another law of this state, in the manner prescribed by that law or, if no manner is prescribed, in the manner prescribed by this section for proof of a similar manner of service.
(d)By the written admission of the party.
(e)If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the
complaint were mailed to the party to be served, if in fact mailed.
(f)All proof of personal service shall be made on a form adopted by the Judicial Council.
(g)This section shall become operative on January 1, 2027.