For the first time in roughly half a century, California is overhauling how legal documents get served. Governor Newsom signed the Service of Process Accountability, Reform and Equity (SPARE) Act — Assembly Bill 747 — on October 10, 2025, and it takes effect January 1, 2027. If you litigate in California, it will change what a defensible proof of service looks like — and what it takes to get, and keep, a default judgment.

Here's the practical breakdown.

What problem is the SPARE Act trying to fix?

The law targets a long-standing abuse known as "sewer service" — when a process server never actually delivers the documents but files a proof of service claiming they did, as if the papers had been tossed in the sewer. The defendant never learns they've been sued, a default judgment lands against them, and the first they hear of it is often a garnished paycheck or a frozen account. The SPARE Act modernizes California's notice rules to make that far harder to pull off, and to protect the due-process right to actually be notified.

What does the SPARE Act actually require?

Three changes matter most to your practice:

1. Photographic, geotagged proof of service. A proof of service will need to include at least one photograph with a readable timestamp and GPS coordinates showing the date, time, and location of the serve — when that can be captured without compromising the process server's safety. In other words, the paper trail becomes a verifiable digital one.

2. A defined "reasonable diligence" standard. The Act spells out what diligence means: a good-faith attempt at personal delivery on at least three occasions, on three different days, at three different times. No more vague "attempted several times" language — the standard is concrete and countable.

3. A shifted burden of proof on default. The party seeking the default or default judgment carries the burden of proving, by a preponderance of the evidence, that service was lawful. That reframes default practice: your proof of service isn't just a formality to file, it's evidence you may have to defend.

   Why should you care now, in 2026?

Because the work that makes January 2027 painless starts well before the effective date. Two reasons to get ahead of it:

Your defaults are more vulnerable if your service isn't clean. Once the burden shifts, a thin or poorly documented proof of service is an opening for opposing counsel to attack the judgment. Thorough, photo-backed documentation protects the outcomes you win.

Not every process server will be ready. Photo/GPS capture and a disciplined three-attempt cadence are operational habits, not just checkboxes. The servers who already work this way will hand you filings that hold up; the ones who don't will hand you risk.

What this means for choosing a process server

The SPARE Act effectively raises the floor. When you evaluate who serves your documents, it's worth asking whether they already capture geotagged photo proof, whether they document attempts by date and time as a matter of routine, and whether their proofs of service are built to survive a challenge — not just to get filed. At ProServer CA, that level of documentation is how we already work, so the 2027 transition is a non-event for the attorneys we serve for.

The SPARE Act is a big shift, and there's more worth unpacking — how it interacts with existing Code of Civil Procedure service rules, edge cases like substituted service and posting, and what a compliant proof of service will look like in practice. More to come on those.

Have a California serve you need handled to the new standard? Request a serve or reach ProServer CA at 661-525-5802.

About the author — Brad Sanders is the founder of ProServer CA, a Certified Court Process Server (CCPS #778) and California Notary Public currently pursuing California PI licensure.

This article is for general information and isn't legal advice. Confirm current requirements against the text of AB 747 and applicable Code of Civil Procedure sections for your matter.