State lawmakers have approved legislation supported by the California Apartment Association that would fix a flaw in eviction law that lets courts dismiss a case outright over improper service.

AB 2042, by Assemblymember Ash Kalra, D-San Jose, was introduced to correct the law. It reached the governor’s desk Aug. 24.

Assemblyman Ash Kalra

The existing law, put into place by AB 747 (Kalra), established new service-of-process requirements scheduled to take effect Jan. 1, 2027. CAA had opposed that bill and asked the governor to demand a fix. He did that, and AB 2042 was introduced.

Clarifying the remedy for improper service

AB 2042 makes clear that a party who was not lawfully served can answer the complaint. Under existing law, however, the court is required to dismiss the case altogether, which would force the rental property owner to start the case all over, costing the court and the litigants time and money. AB 2042 fixes that process.

CAA supports procedural correction

CAA supported AB 2042 throughout the legislative process. In letters and a floor alert, the association said the appropriate response to improper service is to allow the tenant to answer the complaint — not to dismiss a case outright when existing law does not otherwise permit dismissal.

CAA warned that treating a service defect as an independent reason for dismissal could encourage delay, require housing providers to restart cases and add costs for the parties and the court system.

The governor has until Sept. 30 to sign AB 2042.