Article 3 - Process and Notices

California Government Code — §§ 26660-26666.10

Sections (8)

Added by Stats. 1947, Ch. 424.

As used in this title:

(a)“Process” includes all writs, warrants, summons, and orders of courts of justice, or judicial officers.

(b)“Notice” includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding.

§ 26661

Added by Stats. 1947, Ch. 424.

When process or notices are returnable to another county the sheriff may enclose the process or notice in an envelope, addressed to the officer from whom it emanated, and deposit it in the post office prepaying postage.

§ 26662

Added by Stats. 1947, Ch. 424.

The return of the sheriff upon process or notices is prima facie evidence of the facts stated in the return.

§ 26663

Amended by Stats. 1996, Ch. 120, Sec. 3. Effective January 1, 1997.

Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person aggrieved for all actual damages sustained by him or her.

§ 26664

Amended by Stats. 1982, Ch. 497, Sec. 104. Operative July 1, 1983, by Sec. 185 of Ch. 497.

Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s attorney of record or, if the creditor does not have any attorney of record, by the creditor and after the sheriff’s fees have been paid or tendered, is liable to the creditor for all actual damages sustained by the creditor.

§ 26665

Amended by Stats. 2002, Ch. 784, Sec. 171. Effective January 1, 2003.

All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.

§ 26666

Added by Stats. 2022, Ch. 417, Sec. 2. (AB 2791) Effective January 1, 2023.

(a)Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. As used in this section, “notice” has the same meaning as defined in Section 26660.

(b)A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on a document requesting the marshal or sheriff, or their department or office, to serve court documents, or on a summons, order, or other notice to be served.

§ 26666.10

Added by Stats. 2022, Ch. 417, Sec. 6. (AB 2791) Effective January 1, 2023.

(a)On or before January 1, 2024, the 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.

(b)A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on the form or forms created pursuant to this section.

(c)The Judicial Council form or forms shall do all of the following:

(1)Require the name, address, and description of the person to be served and the signature of the litigant requesting service, or their attorney of record, and may require any other pertinent information for service.

(2)Indicate on the form which fields on the form, if any, are required.

(3)Allow the litigant’s or their attorney of record’s signature to be made electronically.

(d)Upon completion of the forms described in subdivision (a), 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. No sheriff or marshal, including their department or office, shall require completion of a form or request other than the Judicial Council form or forms described in this section.

(e)Pursuant to Section 7927.430,

the Judicial Council form or forms and the information contained therein shall not be subject to disclosure and shall be kept confidential.