California Code of Civil Procedure

§ 473.2

CCP § 473.2 Effective Jan 1, 2026Title 6 · Part 2 · Ch. 8

Statute text

(a)A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the default or default judgment and for leave to defend the action or to move for dismissal.

(b)(1) A party moving to set aside or vacate a default or a default judgment pursuant to subdivision (a) shall proffer evidence, through a sworn affidavit or otherwise, that service was not lawfully effected. Proffering evidence that service was not lawfully effected rebuts a presumption of the facts stated in the process server’s return.

(2)If a process server files their return before the operative date of this section, the absence of the photograph required by Section 417.10 shall not by itself render the proof of service unlawful or insufficient.

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Legislative history

Added by Stats. 2025, Ch. 563, Sec. 14. (AB 747) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.