California Code of Civil Procedure 415.21 – (a) Notwithstanding any other law, any person shall be granted …
(a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in the individual’s capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender.
Terms Used In California Code of Civil Procedure 415.21
- County: includes "city and county. See California Code of Civil Procedure 17
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Service of process: The service of writs or summonses to the appropriate party.
- Sheriff: includes marshal. See California Code of Civil Procedure 17
- Subpoena: A command to a witness to appear and give testimony.
(2) Evidence of current registration as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or of licensure as a private investigator pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
(b) This section shall only apply to a gated community or a covered multifamily dwelling that is staffed at the time service of process is attempted by a guard or other security personnel assigned to control access to the community or dwelling.
(c) For purposes of this section, “covered multifamily dwelling” means either of the following:
(1) An apartment building, including a timeshare apartment building not considered a place of public accommodation or transient lodging, with three or more dwelling units.
(2) A condominium, including a timeshare condominium not considered a place of public accommodation or transient lodging, with four or more dwelling units.
(Amended by Stats. 2019, Ch. 12, Sec. 1. (AB 622) Effective January 1, 2020.)