California's process serving rules are about to undergo their biggest overhaul in decades, and litigators have until January 1, 2027 to get ready.
Writing for Bloomberg Law, Steno Senior Director and litigation support expert Jeff Karotkin breaks down the Service of Process Accountability, Reform and Equity Act, or SPARE Act (Assembly Bill 747) and describes what litigators need to do before it takes effect.
The SPARE Act replaces the old, court-by-court standard for "reasonable diligence" with clear, trackable requirements. Its sponsors designed it to protect defendants' due process rights, arguing that fraud in service can produce judgments without a defendant's knowledge or consent, what they call a "fundamental miscarriage of justice." Jeff, who worked with legislators and stakeholders as the bill moved through the Assembly and Senate, explains what the new rules look like in practice and where the exposure is for firms that aren't ready.
At the center of the law is the 3-3-3 rule. As Jeff describes it:
"Process servers must try three times, on three different days, and at three different times of day before substituted service is allowed. This new rule replaces the old, more subjective approach with a clear and measurable standard."
Every proof of service—personal, substituted, or posting—must now include at least one GPS-stamped photograph of the service location, showing the date, time, and coordinates. That digital record becomes the evidentiary foundation for the service. If it isn't there, opposing counsel has a clear opening.
The litigation strategy implications are worth reading closely. The burden of proof shifts: if a defendant challenges service and provides sworn evidence they weren't served, the plaintiff must prove proper service by a preponderance of the evidence. And there's no time limit on challenging a void judgment. Defects introduced in 2027 could surface years down the line.
Jeff's practical checklist covers vendor due diligence, template updates for unlawful detainer complaints, intake protocols for paralegals, and team training on the burden of proof shift. His bottom line:
"The 2027 start date gives you time to prepare, but it's important to act now. Review your current service providers, ensure they use GPS metadata, and verify that their documentation meets the 3-3-3 rule. Remember that if your proofs of service don't comply with the SPARE Act, opposing counsel will have a strong reason to challenge the service and any resulting judgments."
Read the full piece in Bloomberg Law.