§ 415.21.Access to Gated Community Or Covered Multifamily Dwelling For Purpose of Service

Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 3. Manner of Service of Summons · Last amended 2020 · Last verified July 28, 2026

In one sentenceSection 415.21 requires gated communities and staffed multifamily buildings to let process servers, sheriffs, marshals, and licensed investigators in for a reasonable time to serve papers, once they show ID and proof of their role.

Full Text of § 415.21

Text sizeJump to: (a) (b) (c)

(a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena 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 the individual's capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender.

(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 Code.

(b) This section shall only apply to a gated community or a covered multifamily dwelling 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 or dwelling.

(1) An apartment building, including a timeshare apartment building not considered a place of public accommodation or transient lodging, with three or more dwelling units.

(2) A condominium, including a timeshare condominium not considered a place of public accommodation or transient lodging, with four or more dwelling units.

End

Plain-English Summary

A gated community or a staffed apartment/condo building can’t be used to dodge service of process. Section 415.21 requires access to be granted, for a reasonable period of time, to anyone attempting lawful service of process or a subpoena — but only after that person shows a current driver’s license or other ID, plus one more form of proof: either a badge or credential showing they work for a sheriff, marshal, or a listed government legal office, or evidence they’re a currently registered process server or licensed private investigator.

The requirement only kicks in where it matters most for evading service: a community or building that has a guard or other security staff controlling access at the moment service is attempted. Section 415.21(c) also defines exactly which residential buildings count as a “covered multifamily dwelling” — apartment buildings with three or more units, and condominiums with four or more, including certain timeshare units.

Frequently Asked Questions

Can a gated community refuse to let a process server in?

Not if the person shows a current driver’s license or other ID along with proof of registration as a process server, licensure as a private investigator, or a badge/credential showing they work for a listed government legal office. Section 415.21 requires access to be granted for a reasonable time to complete lawful service.

Does this apply to every apartment building?

Only one that is staffed by a guard or other security personnel controlling access at the time service is attempted, and that qualifies as a “covered multifamily dwelling” — generally three or more units for an apartment building, four or more for a condominium.

Amendment History

Amended by Stats 2019 ch 12 (AB 622),s 1, eff. 1/1/2020. Amended by Stats 2016 ch 88 (SB 1431),s 1, eff. 1/1/2017. Amended by Stats 2014 ch 470 (AB 2256),s 2, eff. 1/1/2015. Amended by Stats 2012 ch 113 (AB 1720),s 1, eff. 1/1/2013. Amended by Stats 2005 ch 706 (AB 1742),s 11, eff. 1/1/2006

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: gated community process server access californiaserve papers gated community