SB 85: Civil actions: service of summons. - California

06/25/25 - Amended Assembly → 08/27/25 - Enrolled · 4 edits · Aug 27, 2025

MODERATE

SB 85 moved from its Amended Assembly version to the Enrolled (final) version. The substantive changes are minimal: redundant language was cleaned up (removing 'using due diligence' which duplicated 'exercising reasonable diligence'), a duplicate word was fixed ('may may' became 'may'), and one phrase was reworded for precision. The remaining changes are procedural formatting associated with the bill reaching enrolled status, including updated passage dates and removal of amendment line-number markers.

TECHNICAL

Removed redundant phrase 'using due diligence' from Section 413.30(a)(1), leaving only 'despite exercising reasonable diligence' as the standard for when a court may direct alternative service.

Reworded 'has been unable to serve the summons using methods prescribed by statute' to 'has been unable to effect service of the summons by any of the methods authorized under this chapter' for greater precision.

Fixed a duplicate word in Section 413.30(a)(1) where 'may may, upon motion' was corrected to 'may, upon motion.'

Updated header and formatting to reflect enrolled bill status, including Senate passage date of August 25, 2025, Assembly passage date of June 30, 2025, and removal of amendment line-number markers.

10/06/25 - Chaptered → SB85 · 1 edit

MINOR

No substantive policy changes were made to SB 85. The diff reflects a change in document presentation format: the 'from' version is the official chaptered legislative document with standard formatting (centered headers, page numbers, formal layout), while the 'to' version is a web-based rendering of the same bill text from the California Legislature website, including navigation elements and UI components. The statutory language of Section 413.30 is identical in both versions.

TECHNICAL

The document was reformatted from an official chaptered legislative layout to a web page presentation. This includes removal of page numbers, centered headers, and formal spacing, and addition of website navigation elements (links, search bars, version selectors). No changes to the actual legal text.

08/27/25 - Enrolled → 10/06/25 - Chaptered · 3 edits · Oct 6, 2025

MINOR

SB 85 transitioned from its enrolled version to its chaptered (enacted) form as Chapter 403. No substantive policy changes were made; the differences are entirely administrative, including the addition of the chapter number, authentication header, and the Governor's approval date of October 6, 2025.

TECHNICAL

Added 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header and 'CHAPTER 403' designation to reflect enactment as law.

Removed legislative passage tracking elements including Senate/Assembly passage dates, Secretary of Senate and Chief Clerk signature lines, and the Governor receipt date line.

TIMELINE

Added the Governor's approval date: October 6, 2025, and filing with Secretary of State on the same date.

04/08/25 - Amended Senate → 06/25/25 - Amended Assembly · 4 edits · Jun 25, 2025

MODERATE

The Assembly amended SB 85 to raise the bar for alternative service of summons. The standard shifted from 'due diligence' to 'reasonable diligence,' a court may now only authorize alternative service upon motion, and plaintiffs must file detailed factual showings of all service attempts at every likely address or location before a court will approve an alternative method such as electronic mail.

Scope change

The bill's scope narrowed slightly: alternative service is now limited to methods 'authorized under this chapter' rather than all 'methods prescribed by statute,' and the procedural hurdles (motion requirement plus detailed factual showing) make it harder for plaintiffs to obtain court-approved alternative service.

REQUIREMENT

The standard for when a court may order alternative service changed from 'due diligence' to 'reasonable diligence,' and the scope narrowed from 'methods prescribed by statute' to 'methods authorized under this chapter.'

A new requirement that the court may only direct alternative service upon motion, rather than on its own initiative.

A new subsection (a)(2) requiring a plaintiff to set forth facts detailing all attempts to serve the defendant by each statutory method, including why each method was unsuccessful at every address or location where the defendant is likely to be found.

TECHNICAL

The governmental entity exemption was renumbered from subsection (a)(2) to subsection (b), reflecting the insertion of the new diligence-showing requirement as (a)(2).

03/25/25 - Amended Senate → 04/08/25 - Amended Senate · 3 edits · Apr 8, 2025

MINOR

SB 85 was narrowed in scope by removing its amendment to Health and Safety Code Section 123100 (patient access to health records findings and declarations), leaving only the civil procedure changes. A new exemption was added that excludes actions against governmental entities and their agents or employees from the alternative service of summons provisions, meaning public entities retain their existing service protections.

SCOPE

The entire amendment to Health and Safety Code Section 123100 regarding patient access to health records (legislative findings and declarations) was removed from the bill.

A new subsection (a)(2) exempts actions against a governmental entity or an agent or employee of that entity sued in an official or individual capacity from the alternative service of summons provisions, preserving existing service rules for public entities.

TECHNICAL

Section 413.30 was restructured from a single unnumbered paragraph into subsections (a)(1) and (a)(2), with minor wording cleanups in the main text.

01/21/25 - Introduced → 03/25/25 - Amended Senate · 4 edits · Mar 25, 2025

MODERATE

SB 85 was significantly expanded in the Senate to add a new provision amending Code of Civil Procedure Section 413.30, which governs how summonses are served in civil actions. The amendment allows courts to authorize alternative service methods (including email and other electronic technology) when a plaintiff using due diligence has been unable to serve via statutory methods, even if those methods exist. The original health records provision was updated with gender-neutral language and minor grammatical fixes.

Scope change

The bill expanded from a single-topic bill about patient access to health records to a two-part bill that also addresses civil procedure rules for service of summons, adding a new statutory amendment to the Code of Civil Procedure.

SCOPE

A new Section 1 was added amending Code of Civil Procedure Section 413.30, expanding the bill's scope from solely patient health record access to also cover civil procedure rules for service of summons.

REQUIREMENT

Courts may now direct alternative service of a summons not only when no statutory method exists, but also when a plaintiff using due diligence has been unable to serve using methods prescribed by statute. This is a new condition that did not exist before.

TECHNICAL

The bill now explicitly states that service of a summons by electronic mail or other electronic technology is reasonably calculated to give actual notice to the party to be served, providing clear statutory authorization for electronic service.

Section 123100 of the Health and Safety Code was updated to replace gendered pronouns (his or her) with gender-neutral language (their) and to make minor grammatical cleanups. These are nonsubstantive changes.

Civil actions: service of summons.

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