SB 85, a bill introduced by Senator Tom Umberg, has now passed California’s Assembly and Senate and was presented to the Governor on September 2, 2025.
If approved and signed by the Governor, this new legislation would amend Section 413.30 of the Code of Civil Procedure to 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.
The bill appears to have unanimous support, as there has been no opposition by any members of the Assembly or the Senate, nor have any comments either supporting or opposing the bill been submitted by any interest groups or the public.
The Governor has until October 12, 2025, to sign or veto this proposed legislation.
The specific language of the bill is as follows:
The people of the State of California do enact as follows:
SECTION 1. Section 413.30 of the Code of Civil Procedure is amended to read:
413.30. (a) (1) If no provision is made in this chapter or other law for the service of summons, or if a plaintiff, despite exercising reasonable diligence, has been unable to effect service of the summons by any of the methods authorized under this chapter, the court in which the action is pending may, upon motion, direct that summons be served in a manner that is reasonably calculated to give actual notice to the party to be served, including by electronic mail or other electronic technology, and that proof of such service be made as prescribed by the court.
(2) A plaintiff seeking to establish reasonable diligence under this section shall set forth facts detailing all attempts to serve the defendant by each of the methods prescribed by statute, including facts demonstrating why each method was unsuccessful at every address or location where the defendant is likely to be found.
(b) This section does not apply in an action against a governmental entity or an agent or employee of the governmental entity who has been sued in an official or individual capacity.
Categorized in: Legal Procedure
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