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 Bill Text - AB-2042 Civil actions: setting aside default or default judgment.

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 |Add To My Favorites |Track Bill | Version: 06/10/26 - Amended Senate
 03/16/26 - Amended Assembly
 02/17/26 - Introduced

 AB-2042 Civil actions: setting aside default or default judgment.(2025-2026)

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 Date Published: 06/10/2026 09:00 PM

AB2042:v97#DOCUMENTBill Start

 Amended
 IN 
 Senate
 June 10, 2026

 Amended
 IN 
 Assembly
 March 16, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 2042

Introduced by Assembly Member Kalra

February 17, 2026

 An act to amend Section 1788.61 of the Civil Code, and to amend Sections 417.10 and 473.2 of the Code of Civil Procedure, relating to civil actions. 

LEGISLATIVE COUNSEL'S DIGEST

AB 2042, as amended, Kalra.
 Civil actions: setting aside default or default judgment.

(1) Existing law permits a defendant in a debt enforcement action, brought by a buyer of consumer debt who has obtained a default or default judgment against the defendant, to file a motion to set aside the default or default judgment and for leave to defend the action if the defendant did not receive actual notice of the action in time to defend against it. Existing law requires such a motion to be filed within 6 years after entry of the default or default judgment or 180 days after the first actual notice of the action, or, in the case of identity theft or mistaken identity, within a reasonable amount of time but in no case later than 180 days after the first actual notice of the action.

This bill would clarify that a defendant who did not receive actual notice may file a motion to set aside and for leave to defend even
 if the service of the summons of the action was lawfully effected.

(2) Existing law provides that if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, the summons may be served by leaving a copy at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a person who is at least 18 years of age, and by thereafter mailing a copy of the summons and complaint as specified. Existing law also authorizes a summons in an action for unlawful detainer to be served by posting if the court is satisfied that the party to be served cannot with reasonable diligence be served in any authorized manner other than publication, and that other specified conditions are met. Existing law requires the proof of service of a summons to contain specified information and documentation. Beginning on January 1, 2027, existing law will
 define reasonable “diligence,” for purposes of service of process in specified civil cases, to mean attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times. Beginning on January 1, 2027, existing law will require the proof of service of a summons and complaint, if served personally, by substituted service, or by posting, if the summons is for an action for unlawful detainer of real property, to include at least one photograph, if such can be obtained without compromising the safety of the process server, of the site of the effectuated or attempted service and contain a readable stamp and global positioning system (GPS) coordinates indicating the date, time, and location of service. Beginning on January 1, 2027, existing law will also require a process server to provide a detailed statement on the proof of service, as specified, if there is no GPS or cellular signal available at the time and place of the effected or
 attempted service.

This bill would make nonsubstantive changes to this provision. 

(3) Existing law prescribes methods for the service of a summons in a civil action. Under existing law, a party that was not served in accordance with those methods may file a motion to set aside or vacate a default or default judgment and for leave to defend the action or move for dismissal. The party making such a motion is required to proffer evidence that service was not lawfully effected. This proffer rebuts the presumption of facts stated in the process server’s return and place the burden of proving by a preponderance of the evidence that service of the summons and complaint was lawful on the party seeking the default or default judgment. Existing law makes these p