Access to Gated Community Law Change – CCP § 415.21
In 2015, the law for service of a defendant or witness at a gated community changed. A process server no longer needs to identify the person to be served.
This is a welcome change, given that policies at gated communities restrict access to servers, and frustrate service.
Here is the change:
Amendment to CCP § 415.21
CCP § 415.21 Access to Gated Community to Serve Process or Subpoena
(a) Notwithstanding any other law, any person shall be granted access to a gated
community for a reasonable period of time for the sole purpose of performing
lawful service of process or service of a subpoena,
upon identifying to the guard
the person or persons to be served, and 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 his or her
capacity as a representative of a county sheriff or marshal.
(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
(b) This section shall only apply to a gated community 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.
See post discussing an amendment to this law, effective in 2017.