Service of process is a fundamental requirement of due process. The California Legislature has declared, “[i]mproper service of process represents a fundamental miscarriage of justice that effectively strips defendants of their right to be notified of legal proceedings that have been filed against them, denying them the opportunity to prepare a defense and resulting in judgments that may proceed without their knowledge, participation, or consent.” Service of Process Accountability, Reform and Equity (SPARE) Act, ch. 563, § 1, 2025 Cal. Stat. With this in mind, the Legislature amended California Business and Professions Code section 22355 to expressly require county clerks to maintain publicly available registers of process servers beginning January 1, 2027. California Business & Professions Code § 22355. Previously, this register did not require County Clerks to allow access. Access to the register was at the Clerk’s discretion. By expressly requiring public access to these registers, the amendment promotes transparency and accountability in a process essential to protecting a defendant’s right to notice and an opportunity to be heard.
A California tenant attempting to serve their landlord and/or property manager with a Summons and Complaint must expliclty comply with California’s service of process law. In the event, they elect to hire a process server to effectuate service, they can look to their County Clerk to ensure the process server is likely to properly effectuate service and comply with the State of California’s intricate service of process laws.
The law governing this change takes effect on January 1, 2027.